TERMS OF USE

 

PLEASE READ CAREFULLY. THIS AGREEMENT EXPLAINS THE TERMS AND CONDITIONS FOR USE OF EYEDESIGNSTORE.COM AND SERVICES AVAILABLE THROUGH OUR WEBSITE.

If you want to use this site, then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us, and they affect your legal rights and obligations. Each time you access and/or use the site (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, DO NOT USE THE SITE IF YOU DO NOT AGREE!

 

Introduction

Hello! Welcome to the website owned and operated by Eye Design New York (“Eye Design,” “we” or “us”). The following Terms And Conditions Of Service (“Terms”) govern your use of https://eyedesignstore.com (including, without limitation, both mobile and desktop versions of our site and our site store) and also applies to your use of all features, applications, content, downloads and other services made available through the Site and/or that post a link to these Terms (collectively, referred to herein as “Site”).

By using the Site, you consent to the Site’s Privacy Policy [LINK] and consent to the collection and use of your data (including Personal Data as defined therein) in accordance with the Privacy Policy. You further agree that Eye Design may change, alter or modify the settings or configurations on your Device (defined below) in order to allow for or optimize your use of the Site.

Eye Design may, at our sole discretion, change, add or delete portions of these Terms any time. It is your responsibility to check these Terms for changes prior to any use of the Site. In any event, your continued use following changes to these Terms constitutes your acceptance of any changes.

We will notify you of any such changes by posting a notice of the changes on the Site and/or, in our sole discretion, by email, if you have registered with the Site, to the address we have on file. Please note that you can receive notices of material changes to the Site even if you have opted out of receiving commercial messages from Eye Design because such notices are not commercial in nature.

 

Privacy

Our Privacy Policy is to inform you of our practices with the collection, use, disclosure and protection of your personal information. Because the Privacy Policy is incorporated into this agreement, by using this Site you agree to the Terms of the Privacy Policy.

 

General Terms

The products and services on the Site are intended for personal, non-commercial purposes only, unless otherwise noted. You agree to use the Site only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws.

You may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Site, except as expressly permitted in these Terms.

 

Eligibility

The Site is intended for users over the age of 13. By using the Site, you agree that you

  • Are either above the legal age of majority in your state of residence OR have permission from your parent/guardian to use if you are under the age of majority, but over 13.
  • Have not previously been suspended or removed from the Site.
  • Do not have more than one (1) account at any given time for this Site.
  • Will only provide Eye Design with true, accurate, current and complete information if you register for an account and/or orders (defined below). If Eye Design believes or suspects that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or services (or any portion thereof).
  • That you have full power and authority to enter into the Terms and in doing so will not violate any other agreement to which you are a party.

 

Your Account

When setting up an account, you are required to provide your name and email address, then select a password (collectively, your “account information”), which you should not transfer to or share with any third parties.

Your account information may be updated to include other information you provide if you make a purchase. If someone accesses our Site or services using your account information, Eye Design will rely on that account information and will assume that it is you or your representative who is accessing the Site and services.

You are solely responsible for any and all use of your account information and all orders, activities that occur under or in connection with the account. Without limiting any rights which we may otherwise have, Eye Design reserves the right to take any and all action, as deemed necessary or reasonable, to ensure the security of the Site and your account, including without limitation, terminating your account, changing your password or requesting additional information to authorize transactions on your account. You agree to be responsible for any act or omission of any users that access the Site or services under your account information that, if undertaken by you, would be deemed a violation of these Terms. In no event will Eye Design be held liable to you for any liabilities or damages resulting from or arising out of

(i) Any action or inaction by us under this provision.

(ii) Any compromise of the confidentiality of your account or password.

(iii) Any unauthorized access to your account or use of your password.

You are not permitted to use anyone else’s account at any time without the permission of the account holder. Please notify Eye Design immediately if you become aware that your account information is being used without authorization.

You agree not to register for more than one account, register for an account on behalf of an individual other than yourself (without such individual’s authorization) or register for an account on behalf of any group or entity.

 

User Content

Eye Design welcomes user comments, information and submissions. Additionally, you and other users of the Site may have opportunities to post certain ideas, concepts, information, data, text, music, sound, photographs, graphics, video, messages, comments on our products, advertising and other promotional materials or events, facts, advice, “tips”, opinions and other material (collectively, “user content”) on the Site or one of our social media channels.

All user content that you post on this Site will be treated as public, non-confidential and non-proprietary to you and may be viewed by you and/or other users of this Site (subject to our Privacy Policy).

You post user content to the Site if you believe it is marketed under or protected by a registered trade name in any event. By posting your user content to this Site or any other site or social media page owned by Eye Design, you hereby grant permission to us, our affiliates and our licensees the right to use any ideas, concepts, know-how or techniques contained in any user content you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such information on any medium no known or later developed, without any credit, notice, approval or compensation of any kind to you. If you do not agree to this, then do not post content on the Site.

We cannot guarantee that other users will not copy, modify, distribute or otherwise use the user content that you share. Therefore, do not post it on this Site or any social media page owned by Eye Design if you have an idea or information that you would like to keep confidential and/or do not want others to use. We and our affiliates are not responsible for any user’s misuse or misappropriation of any user content on the Site or any social media page owned by Eye Design.

 

Review Of Submissions

Eye Design does NOT routinely review submissions. We have no obligation to verify the identity of any users when they are connected to the Site or to supervise the user content that has been submitted by users.

You acknowledge that we may or may not prescreen, monitor, review, edit or delete (except as provided in these Terms) the user content posted by you and other users.

We and our affiliates reserve the right to modify, move, refuse, block or remove any user content for any reason, in whole or in part, with or without notice. Additionally, we and our affiliates 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 government request.

(ii) Enforce these Terms, including investigation of potential violations hereof.

(iii) Detect, prevent or otherwise address fraud, security or technical issues.

(iv) Respond to user support requests.

(v) Protect our rights, property or safety, users of the Site and the public.

We are not responsible or liable for damages of any kind arising from any failure, non-failure or delay in removing such user content even when we are advised of the possibility of such damages in any case.

 

User Conduct

You agree that you are the sole responsible person and/or entity from which such user content originated by posting user content in or otherwise using any communications service or other interactive service that may be available to you on or through the Site.

Additionally, you agree not to access or use the Site for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Site.

By way of example, and not as limitation you agree not to (and shall not permit any third party to) use the Site to

  • Upload, post, email or otherwise transmit any user content that is inaccurate, unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful or contains or depicts nudity or explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals) or is otherwise inappropriate as determined by us in our sole discretion.
  • Harm any person in any way.
  • Upload, post, email or otherwise transmit any user content that
    • (i) Victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability.
    • (ii) Infringes on any patent, trademark, trade secret, copyright of publicity or other intellectual or proprietary rights of any party.
    • (iii) You do not have a right to transmit under any law or under any contractual or fiduciary relationships (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files, worms, logic bombs or programs designed or intended to interrupt, disable, damage, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment or any other similarly destructive activity.
  • Obtain unauthorized access to any system, data, password or other information.
  • Interfere with or disrupt the Site or servers or networks linked to the Site.
  • Intentionally or unintentionally violate any applicable local, state, national or international law and any rules, regulations, orders, directives and the like having the force of law.
  • Upload, post, email or otherwise transmit any material or take any other actions with respect to your use of the Site that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability.
  • For commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.
  • Solicit others to join or become members of any other commercial online service or other online or offline group or organization.
  • Impersonate any other person or entity, including by providing any false personal information to us (including a fals username) or creating any account for anyone other than yourself.
  • Submit any person’s identification documents or sensitive financial information.
  • Breaches the Privacy Policy.

Violation of any of the foregoing may result in immediate termination of your license to access or use the Site and may subject you to state and federal penalties and other legal consequences. Without obligation Eye Design reserves the right to investigate your use of the Site in order to

  • Determine whether a violation of these Terms has occurred.
  • Comply with any applicable law, regulation, legal process or government request.

 

No Endorsement

Eye Design does not control the user content posted on the Site and, as such, we make no representations or warranties regarding user content or its truthfulness, accuracy, reliability, integrity or quality.

We do not determine whether user content violates the rights of others. Additionally, we do not have any control over whether user content is of a nature that you or other users may find offensive. User content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in the user content appearing on the Site do not necessarily reflect our views or those of our content providers, advertisers, sponsors, affiliated or related entities. We do not support or endorse any user content or any other content posted by you or any other user on or otherwise accessible through the Site. We do not assume (and expressly disclaim) any obligation or liability with respect to user content and no confidential or fiduciary understanding or relationship is established by our receipt or acceptance of any such materials.

 

Our Right To User Content

If you choose to submit any user content to Eye Design’s Site, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction. You represent and warrant that you own or otherwise control any and all rights in and to the user content that you submit and that our public posting and use of that user content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights.

You grant us and our affiliates royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform or display such user content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties, by submitting, sending, posting, uploading, modifying or otherwise providing information, material or any other communication to us, including user content, whether solicited or unsolicited.

Additionally, you hereby grant each user of the Site a non-exclusive license to access your user content throughout the Site, including to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such user content.

We and our affiliates also have the right, but not the obligation, to use your user name (and real name, image, likeness or other identifying information if provided in connection with user content), city and state in connection with broadcast, print, digital or other use or publication of your user content.

We and our affiliates may use, transfer, remove or dispose of any and all user content without restriction and users of the Site are not entitled to any compensation whatsoever for any such use, transfer or disposition of user content by us, notwithstanding the foregoing, personally identifiable data (if any) included in user content shall be handled in accordance with our privacy policy.

 

Transmitting Materials

By using the Site you understand that its technical processing and transmission may involve

  • Transmissions over various networks.
  • Changes to conform and adapt to technical requirements of connecting networks or devices.

Eye Design does not assume responsibility for the deletion or failure to store postings or other information submitted by you or other Site users.

You agree that you will not harvest, collect or store information about the users of the Site or the user content or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitation transmission of unsolicited advertising, “junk” or bulk email or communications. You may not

(i) Take any action that imposes or may impose, as determined by Eye Design in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.

(ii) Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.

(iii) Bypass any measures we may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site).

(iv) Run any form of auto-responder or “spam” on the Site.

(v) Use manual or automated software, devices or other processes to “crawl” or “spider” any pages of the Site.

(vi) Harvest or scrape any content from the Site.

 

Product Availability

Eye Design makes reasonable efforts to ensure our Site reflects truthful and accurate information about the services we offer and the products we sell. The availability of the services and products described on the Site, and the descriptions of such services and products, may vary based on timing.

 

Purchases

To visit or browse Eye Design’s Site, you are not required to register with us. If you would like to make a purchase, you must provide us with your first and last name, email address, mailing address and credit/debit card information. You will also have to option to tell us whether you want us to hold your financial payment information

THE SAFETY OF YOUR CREDIT CARD INFORMATION IS IMPORTANT TO US. Eye Design makes commercially reasonable efforts to help protect the security information you provide online in connection with a purchase.

You may purchase on our Site either by providing us (and our third-party vendor Shopify) with your information, including your credit/debit card information. Alternatively, you may purchase using PayPal if you have a PayPal account.

IF YOU MAKE A PURCHASE USING PAYPAL, YOU ARE AGREEING TO PAYPAL’S TERMS AND CONDITIONS.

As many other companies do, Eye Design’s payment processor uses Secure Sockets Layer (SSL) technology to help keep your online order information safe. SSL technology encrypts your credit/debit card number, order information and personal information before it is transmitted to help protect it from being decoded by anyone other than us. You have the option of telling us not to retain this information after the purchase is made. If you choose this option, you must re-enter your payment information each time you access the Site. We may use information collected from your transcription to improve the Site or make offers to you, but we will NOT use your financial information for purposes other than allowing you to make a purchase.

When you enter the checkout page on Eye Design’s Site, your computer will begin communicating with our vendor’s server using SSL encryption. You can determine the security of your connection because the first characters of the Site address will change from “http” to “https” (as long as you are accessing this Site through the Site through a server that allows this technology).

 Eye Design cannot guarantee our security measures are 100% secure, the SSL technology is designed to protect your information.

 

Returns + Exchanges

Eye Design is happy to refund your payment or exchange your product as long as the product is in its original packaging and is in new and sellable condition. Requests for returns or exchanges must be made within 30 days of the product shipping date in order to be processed. REQUESTS MADE AFTER 30 DAYS WILL NOT BE ACCEPTED.

To process your return or exchange, simply contact our customer service team at products@eyedn.com and include the order number. Eye Design will refund the purchase price, minus any shipping and handling costs, back to the credit/debit card you used. Refunds may take up to 10 business days to process. You are responsible for the return shipping costs.

 USED PRODUCT OR PRODUCT THAT IS NOT IN ITS ORIGINAL PACKAGING CANNOT BE EXCHANGED OR RETURNED FOR  A REFUND. Exceptions may be made in certain cases, especially for eyelash adhesives and eyelash extensions.

 

 Events

 You may be invited to events sponsored by Eye Design or events held by other members and users of the Site which are not in any way associated with us (collectively, “event”). Participation in any events is at your own risk and you agree to release and hold us, our subsidiaries, agents, distributors and affiliates, and our officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including without limitation, any injury or death to you or your minor children or wards, resulting from attending the events or participation in any activities available at the events.

 

Official Rules for Contests + Sweepstakes

 Your participation in any contest or sweepstakes (“Giveaway”) is subject to and governed by the official rules set forth here, along with any additional guidelines governing the social media additional terms (“Additional Terms”) outlined in the specific Giveaway listed on https://eyedesignstore.com (the “Specific Giveaway”). If there is a conflict between these Official rules and the Additional Terms outlined in the Specific Giveaway, the Additional Terms will govern.

 

Social media disclosure: All Giveaways also follow the guidelines of the social media channel on which the Giveaway is promoted. Giveaways are in no way sponsored, endorsed or administered by, or associated with the social media channel you use to learn about or enter the Giveaway. Entrants are providing their information to Eye Design and not to the social media channel during the entry process. The information entrants provide will be used for administering the specific Giveaway and/or for marketing purposes in accordance with these Terms and with Eye Design’s privacy Policy.

 

No purchase necessary: No purchase is necessary to enter or win a Giveaway offered by Eye Design. In some cases, however, purchase may be necessary for entering contests. You can find information regarding whether purchase is necessary for a contest by checking the Additional Terms for the Specific Giveaway.

 

Eligibility: Unless otherwise noted in the Additional Terms for the Specific Giveaway, Eye Design’s Giveaways are open to legal residents of the 50 United States, who are at least 18 years of age or older (“Entrants”). Giveaway supervisors, employees of Eye Design and members of their immediate families are not eligible to participate or win. The Giveaway is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited.

 

Sponsors: Unless otherwise outlined in the Specific Giveaway, the Sponsor of the Giveaway is Eye Design New York (Eye Design) 5 East 57th Street, 11th floor, New York, NY 10022 (“Sponsor” or “Eye Design”).

Giveaway period: The Giveaway begins and ends on the time and date outlined in the Specific Giveaway, according to the Sponsor’s internal time clock. All times are listed in New York, New York time (Eastern Standard Time or EST).

One entry: Only one entry per natural person is allowed per Giveaway. Unless otherwise noted in the Specific Giveaway, you may only enter one time. Multiple entries for a single contest will not increase your chances of winning, as you will still receive only one entry. If you enter more than once per contest, only your last eligible entry will be counted. You may enter as many current Giveaways as you are otherwise qualified to enter. In any given year, if your winnings exceed $600, your winnings may be considered by the IRS a taxable event, and Eye Design may be required to issue you a tax form 1099.

How to enter: Follow the instructions contained in the Specific Giveaway to enter. In some cases, you may be asked to enter through a social media channel. In that case, you must have an account on that social media channel. All social media channels Eye Design uses to launch Giveaways are free to join and Eye Design makes commercially reasonable efforts to make sure Giveaways follow the guidelines set forth by the social media channel for promotions of that nature.

IN ALL CASES WHERE YOU ARE REQUIRED TO PLACE HASHTAGS ON THE ENTRY, ALL HASHTAGS MUST BE INCLUDED OR YOUR ENTRY WILL NOT BE ELIGIBLE FOR THE SPECIFIC GIVEAWAY.

In the event the Specific Giveaway is a sweepstakes and the sweepstakes requires you to upload a photograph of yourself or show an image of yourself, you may upload any image that includes the required hashtags (so that we can find it), and you will be entered in the Specific Giveaway. If the Specific Giveaway is a contest, you will be provided the judging criteria on which your entry will be judged.

Odds: The odds of winning depend upon the number of entries received.

 

Sweepstakes winner selection: On or within 48 hours of the sweepstakes closing, and

unless otherwise outlined in the Specific Content, one (1) Entrant will be selected by the Sponsor or its representative from among all eligible entries received (the “Selected Entrant”).

 

Contest winner selection: All eligible contest entries will be judged by a panel of qualified judges using the criteria outlined in the Specific Giveaway, and the winner with the highest score will be deemed the winner or “Selected Entrant” at the end of each contest. In the event that there is more than one winner to be determined, the Specific Giveaway will identify the number of winners and the specific prizes. In the event of a tie, those entries will be rescored.

 

Winner notification + announcement: Unless otherwise noted, Selected Entrants will be announced publicly using the social media platform on which the Giveaway was announced, and contacted via direct message or email (if provided) to be given instructions on how to claim their prizes. Only one attempt to contact the Selected Entrant will be made. The Selected Entrant will be required to respond (as directed in the direct message or email) within seven (7) calendar days of attempted notification. Failure to respond may result in forfeiture of the prize and, in such case the Sponsor may, but is not obligated to select an alternate Selected Entrant.

 

Prize: The prize, number of prizes and the individual and total retail values of those prizes are listed in the Additional Terms of the Specific Giveaway.

 

Publicity: By participating in the Giveaway, any Entrant irrevocably grants the Sponsor and their respective successors, assigns and licensees, the right to use such Entrant, entry, submission, name, likeness, biographical information in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Sweepstakes or other promotions, and hereby release the Sponsor from any liability with respect thereto, unless prohibited by law.

 

Prize conditions: In cases where the prize in a Specific Giveaway exceeds $600, the Selected Entrant may also be required to complete additional paperwork, and may be required to provide the Sponsor with her or his social security number and may be issued a tax form. In the event of a dispute about the identity of an Entrant, each entry will be declared made by the name and relevant information submitted at the time of entry. The Sponsor will not make multiple attempts to contact Selected Entrant.

 

No substitution, transfer or cash redemption of prize permitted, provided however that the Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. Prizes are shipped only to the winner via ground shipping to the United States.

 

Conditions of participating: By participating, Entrants agree to be fully and unconditionally bound by these Terms, the Additional Terms and the decisions of the Sponsor and waive any right to claim ambiguity in the Giveaway or to claim ambiguity.

 

Any portion of the Giveaway may be canceled, suspended and/or modified, in whole or in part, if in our opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Giveaway.

 

The Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of any Giveaway or the Sponsor’s website, to be acting in violation of these Terms, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.

 

Entrants may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. The Sponsor reserves the right at its sole discretion to terminate any Giveaway and, if terminated, at its discretion, select the winner(s) either by applying the judging criteria, or, if a sweepstakes, in a random drawing from among all eligible, non-suspect entries received prior to action taken.

 

 Limitation of liability: If an entry is confirmed to have been erroneously deleted for any reason (lost or otherwise destroyed or corrupted), the Entrant’s only option is to submit another entry in the same Giveaway during the Giveaway period listed in the Specific Giveaway. Selected Entrants also agree to release, discharge, indemnify and hold harmless Sponsor and each of its respective officers, directors, employees, representatives and agents (collectively “Releasesees”) from and against any claims, damages, disability, attorneys’ fees and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or  property of any kind resulting in whole or in part, directly or indirectly, from

            (i) Use, redemption, acceptance, possession, ownership or misuse of any prize.

            (ii) Participation in any activity, event or excursion offered in connection with the prize.

            (iii) Use of any facility, service and/or accommodation related to the prize.

            (iv) Participation in any Sweepstakes-related activity or participation in any Eye

 

Design Giveaways. The Releasees shall not be liable for:

(i) Late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission.

(ii) Telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors.

(iii) Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials.

(iv) Any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession, or use of a prize or from participation in the Giveaways.

(v) Any printing, typographical, administrative or technological errors in any materials associated with these Giveaways. Without limiting the generality of the foregoing, Releasees are not responsible for device malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications.

In the event the Sponsor is prevented from continuing with a Specific Giveaway as

contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy or any federal, state or local government law, order or regulation or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required.

 

Disputes + jurisdiction: Disputes regarding these Terms will be governed by the laws of the State of New York. Decisions of the Sponsor are binding and final. No claimant in any dispute involving the Sponsor shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. The Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.

 

Intellectual property rights: Eye Design’s Site, and all of its contents, including but not limited to articles, text, photographs, images, illustrations, graphics, video material, audio material (including musical compositions and sound recordings), software, logos, titles, characters, names, graphics and button icons, excluding user content (collectively “proprietary material”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The proprietary material is owned or controlled by Eye Design or by other parties that have provided rights thereto Eye Design.

 

Except as otherwise provided in these Terms or without our express prior written permission, you may NOT, and you agree that you will NOT, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the proprietary material or any portion thereof, for any purpose or by any means, method or process now known or later developed. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.

 

Claims regarding copyright infringement:

Notice: If you are a copyright owner or an agent thereof and believe that any user

content or other content on this Site infringes upon your copyrights, you may submit a notification pursuant to the digital millennium copyright act (“dmca”) (which may be found here http://www.copyright.gov/legislation/dmca.pdf) by providing our copyright agent with the following information in writing (see 17 u.s.c 512(c)(3) for further detail):

 

  • Identification of the copyrighted work in sufficient detail that is claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works
  • Identification of the material in sufficient detail 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 you, such as your name, address, telephone number and email address.
  • Include each of the following statements:
    • “I believe in good faith that the disputed use is not authorized by the copyright owner, its agent or the law.”
    • “I hereby state, under the penalty of perjury, that the information in the above notification is accurate and that I am the owner or am authorized to act on behalf of the owner of an exclusive right in the copyrighted work that is allegedly infringed.”
  • A physical or electronic signature of the owner or a person authorized to act on behalf of an exclusive right that is allegedly infringed.
  • Deliver this notice, complete with all of the above information to:

Eye Design New York

5 East 57th Street

11th floor

New York, NY 10022

OR by email:

pr@eyedn.com with the words “DMCA Notice” in the subject line. Only

DMCA notices should go to the copyright agent. Any other feedback, comments, requests for technical support and other communications should be directed to our customer service. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.

After receiving a claim of infringement, we will process and investigate the claim and will

take appropriate actions under the dmca and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the dmca, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps to promptly notify the user that we have removed or disabled access to such material.

 

Counter-notice: If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information in writing to the copyright agent:

 

  • Identify the material or the reference or link that has been removed or to which access has been disabled and the location at which the material or reference or link appeared before it was removed or access to it was disabled
    • “I hereby state, under penalty of perjury, that I believe in good faith that the content was removed or disabled as a result of mistake or that a misidentification of the content removed or disabled.”
    • “I hereby state that I consent to the jurisdiction of the federal district court in San Francisco, California, and I will accept service of process from the complaining party who notified Eye Design of the alleged infringement or an agent of such person.”
  • Provide your full legal name, address, telephone number, email address and your physical or electronic signature.
  • Deliver this notice, with all items completed, to:

Eye Design New York

5 East 57th Street

11th floor

New York, NY 10022

 

OR by email:

pr@eyedn.com with the words “DCMA Counter-notice” in the subject line.

 

            If a proper counter-notice is received by the copyright agent, we may send a copy of the

counter-notice to the original complaining party informing that person that we will replace the removed content or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after the copyright agent’s receipt of the counter-notice at our sole discretion.

 

Account termination: You may terminate your Eye Design account at any time. You may also request that your account be terminated at any time by sending an email to products@eyedn.com and a message requesting your account be terminated.

 

Third-party websites + links: You may be able to link to third-party websites, services or resources on the internet from the Site, and third-party websites, services or resources may contain links to the Site (collectively, “linked sites”). These sites are provided as a courtesy only. Eye Design is not responsible for the content, availability, advertising, products, services or other materials of any such linked sites (or any additional links contained therein) and our inclusion of links to the linked sites on the Site does NOT imply that we endorse or approve of any materials contained on, or accessible through, the linked sites. In no event shall Eye Design be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the linked sites or the information or material accessed through these linked sites.

 

Disclaimer: Eye Design’s Site visitors agree that (through their use of and reliance on any advice or information obtained from or through) the Site is at their own sole risk. Our Site is provided “as is” and “as available” without foregoing and to the fullest extent permitted under applicable law, we (including our affiliates, third-party content providers, merchants, sponsors, licensors and the like, and their respective directors, officers and employees) specifically disclaim any and all representations and warranties, express or implied, including, but not limited to:

            (i) Any warranties concerning concerning the availability, accuracy, appropriateness, reliability, timeliness or usefulness of the content of the Site.

            (ii) Any warranties of the title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties implied by any course of performance or usage of trade. We also make no representations and warranties as to any linked sites and we have no liability or responsibility with respect to your use of such sites. In some instances, content made available on this Site may represent the opinions and judgments of providers or users, such as user content. We and our affiliates do not endorse nor shall we or they be responsible or liable for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than our authorized employees acting in such capacity.

 

This disclaimer of liability applies to any damages or injuries caused by the Site, including, without limitation, those damages or injuries occurring as a result of:

  • Any error, omission, deletion or defect in the content available on the Site.
  • Any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorized access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation or any other cause of action.

 

Eye Design does not warrant guarantee:

  • That any portion of the Site will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties.
  • That access to the Site will be uninterrupted or error-free.

 

We do not warrant or make any representations regarding the use or the results of the use of the materials available on the Site. You (and not Eye Design or any of our affiliates) assume the entire cost of all necessary servicing, repair or correction.

 

We do not have any obligation to verify the identity of any person subscribing or using the Site. Therefore, we decline all liability whatsoever for identity theft or any misuse of your identity or information.

 

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Indemnification: By using Eye Design’s Site, you agree to indemnify and hold Eye Design and its officers, directors, employees and agents harmless from any claim or demand, including reasonable attorney fees (made by any third-party due to or arising out of: (1) Your breach of this agreement including the documents it incorporates by reference. (2) Your violation of any law. (3) Your violation of any right of a third party. Eye Design reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Eye Design’s defense of such claim).

 

Governing law + general information: Eye Design controls and operates the Site from our office in New York, United States of America. We do NOT represent that materials on the Site are appropriate or available for use in other countries. Persons who choose to access the Site from other countries do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

 

You agree that the laws of the state of New York, excluding its conflict of laws rules, and these Terms, our privacy policy and any other policies posted from time to time on the Site applicable to your use of the Site shall govern your use of the Site.

 

Please note that your use of the Site may be subject to other local, state, national and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Eye Design (or any of our affiliates) or relating in any way to your use of the Site resides in the courts of New York City, state of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of New York City, state of New York, in connection with any such dispute and including any claim involving us our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim you may have with respect to your use of the Site or any content or other materials on, access through or downloaded from the Site must be commenced within one (1) year after the act or omission giving rise to the claim or cause of action arose.

 

A printed version of the Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

These Terms are the entire agreement between you and Eye Design with respect to our Site and any user content and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect.

 

Disputes: If a dispute arises between you and Eye Design, we are likely to be able to resolve your matter quickly and to your satisfaction.  Please contact our customer support team by sending us an email at products@eyedn.com.  Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible.  We trust we will be able to address your complaint without delay and to your satisfaction.

 

If you are a resident of the U.S. or Canada, and you have availed yourself of our customer service department without satisfaction, you and Eye Design all agree to resolve any remaining dispute arising out of or related to these Terms, the privacy policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory unless the claim fits in one of the exceptions in the exceptions to the agreement to arbitrate sub-section. It also applies even after you stopped using Eye Design, and/or have deleted your Eye Design Site account. 

 

Applicable law: If you are U.S. resident, these Terms and our relationship will be governed by New York law, except for its conflicts of laws principles. If you reside outside of the U.S., these Terms of service and our relationship will be governed by english law, except for its conflicts of laws principles.

 

Any dispute or claim arising from or relating to the Terms is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in the Eye Design Terms. You agree to the Terms by making a purchase or by using our Site.

 

Limitation of liability: In no event shall Eye Design or Eye Design’s officers, directors, employees, agents, or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential and/or incidental, arising out of or relating to the conduct of you or any third party in connection with these Terms or your use of the Site or Eye Design’s products or services, including lost profits, personal injury, emotional distress, death and any special, incidental or consequential damages.

 

The liability of Eye Design and Eye Design’s officers, directors, employees and suppliers to you or any third party in any circumstances (other than as may be required by applicable law, in particular, in New Jersey, and in cases involving personal injury) is limited to the greater of:

(1) the total amounts, if any, you pay to Eye Design in the 12 months prior to the action

giving rise to liability

(2) $100 USD

 

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. These limitations will apply to you even if the remedies fail of their essential purpose.

 

Notices: Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

 

Please feel free to contact Eye design via at products@eyedn.com, or send mail to:

            Eye Design New York

            5 East 57th Street, 11th Floor

            New York, New York 10022

 

You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time.

 

Modifications: We may change the agreement or these Terms at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms for revisions. Changes in the Terms will be effective when posted. If Eye Design makes a material change, we will notify you here in the Terms agreement or by any other means we deem appropriate. Eye Design may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Site or purchase of products after we have modified this posting will constitute your acceptance of any changes.