Eyelet’s Terms and Conditions – User Hub
These terms and conditions, along with all the policies mentioned herein, constitute a contract (hereinafter, jointly referred to as the “Agreement”) between you (hereinafter, “You”) and Eyelet Media Pty Ltd., with offices at level 2 23-25 O'Connell Street, Sydney, Australia, 2000 (hereinafter, “Eyelet”). This Agreement governs your use of Eyelet’s website https://www.eyelet.com (hereinafter the “Website” and jointly with https://www.eyelet.org, the “Websites”) and any of the services provided to You by Eyelet on, from or through the Websites (“Services”). You understand and agree that by visiting Website or using the Services, You accept this Agreement. If You are under 18 years of age, or the age of majority in your location, You may accept this Agreement and use the Website and/or Services only under supervision and with the approval of your parents or guardians, as required by local regulations. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR POLICIES, PLEASE DO NOT VISIT THE WEBSITE AND DO NOT USE THE SERVICES.
A. YOUR USE OF THE WEBSITE.
1. In order to access the Website and/or the Services, You shall register and create an Eyelet’s user account, entering your e-mail address, a secure password, and providing further information, including but not limited to your name, e-mail, etc. You hereby declare that all Data provided to Eyelet (as defined below) is true and authentic, including your personal Data. You will be solely responsible for providing false, inaccurate, incomplete, or obsolete Data. You may never use third parties’ accounts without permission. You are and will be solely responsible and liable for the activity that occurs on your account and shall take all necessary security measures to protect your password and its confidentiality. Eyelet is not and will not be responsible or liable for any losses You may suffer arising from the unauthorized use of your user account. You must notify Eyelet immediately in case You suspect a breach of security or unauthorized use of your account, Data, credit or debit card information, username or password, by sending an e-mail to firstname.lastname@example.org. Although Eyelet will not be liable for your losses caused by any unauthorized use of your account, You may be liable for the losses of Eyelet or others due as a consequence of such unauthorized use.
2. In order to use the Website and/or Services, You need compatible hardware such as a personal computer, a portable media player, or other device that meets the system and compatibility requirements, which Eyelet may change from time to time, as well as compatible software and Internet access (third party fees may apply). The Website and/or Services’ performance may be affected by these factors. Please check with your Internet provider for information on possible Internet data usage charges.
B. EYELET’S SERVICES.
1. The Website offers You personalized Services that helps You discover audiovisual content (such as films, audiovisual series, audiovisual shows, concerts, clips or the like, hereinafter the “Content”) as posted by Eyelet [when acting as a publisher in its Userhub at https://www.eyelet.com (hereinafter, the “Userhub”)] or by third-party websites which also use Eyelet’s Services (hereinafter, separately or jointly with Eyelet, “Publishers”), available for streaming under different distribution/commercialization methods (hereinafter, the “Distribution/Commercialization Method/s”), namely:
(i) Transactional Video On Demand (hereinafter, “TVOD”): by using this Distribution/Commercialization Method, You may access and stream Content available in your territory by paying the individual rental or purchase price of such Content, which in all cases will be determined by Content suppliers (hereinafter, the “Suppliers”), and/or;
(ii) Subscription Video On Demand (hereinafter, “SVOD”): by using this Distribution/Commercialization Method, You may access and stream as many Content available under this modality as You desire, provided You subscribe to this Distribution/Commercialization Method at the Userhub and pay the monthly subscription fee for your territory, as set by Eyelet.
2. By accessing Eyelet’s Userhub You will be able to navigate within Eyelet’s Website/Userhub or access other Publisher’s websites, and use (or not use) any and all available functions and features, including those that allow You to access and stream Content that may be available in your location , on a non-exclusive basis, via Eyelet’s embeddable player, in consideration of payment of prices which will vary depending on the Content and the Distribution/Commercialization Method authorized in each case. Content available under each Distribution/Commercialization Method will vary depending on the configuration set by each Supplier. Content available in each Publisher’s website can and will also be subject to further limitations as established by Publishers or Suppliers, included but not limited to territorial restrictions, maximum days of rental or amount of views permitted, and it may or may not include closed captions, audio descriptions, dubbed language tracks and subtitles, depending on how Suppliers uploaded such Content to the Website (or on whether Eyelet uploaded its own closed captions, audio descriptions, dubbed language tracks and subtitles, with Supplier’s approval).
3. When accessing Publishers’ websites (including the Userhub or third-party Publisher sites the Userhub may lead You to), You may view the Content available for the country in which You are located and the Distribution/Commercialization Method authorized by each Supplier in each case. The Content that may be available for commercialization in each Publisher’s website will vary depending on your geographic location and will change from time to time.
4. In order to offer and provide You with Content, Publishers will use Eyelet’s embeddable media player in their websites, which uses DRM technology to secure Content during delivery (Widevine, Fairplay or PlayReady, depending on the device You use to access and stream the Content). For the purposes indicated in Items B.1. and B.2. above, a sales and rentals collection gateway will be used provided by a third-party payment processing system such as Stripe, Inc., an American company with principal offices at 510 Townsend Street, San Francisco, CA 94103, U.S.A. (hereinafter, “Stripe”), as enabled by Eyelet. Stripe will be the appointed intermediary between Publishers (including Eyelet) and their end users (including You) to securely collect credit/debit card information and create a credit/debit card payment for each sale, rental or subscription, protecting your debit/credit card data and hence preventing card fraud. All of Publisher’s end users will only be able to buy or rent Content within Publisher’s websites or subscribe to Eyelet’s SVOD service by using a third party payment processing system such as Stripe’s payment platform, Eyelet’s embeddable player, a debit card or credit card or, if enabled, Eyelet’s pre-paid ‘Tokens’ or ‘Credits’ (hereinafter, “Token/s” or “Credit/s”) which can be bought on Eyelet’s Website via credit or debit card and used in Publisher’s websites (including the Userhub) for Content purchases, rentals or subscriptions. For more information regarding Stripe’s services, please, visit https://stripe.com. Eyelet will allow You to upload your debit or credit card information in your user account and will take all necessary security measures as may be reasonable in accordance to industry standards in order to protect it and prevent fraud. You will be able to edit your credit and debit card information in your user account, or even delete it if you deem it necessary. Please, consider that if You upload debit or credit card information in your user account and buy access to Content via TVOD or SVOD, or if You buy Tokens or Credits, the corresponding imports will be deduced from your available bank account, balance or credit limit. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, this situation will be informed to You, for verification with your credit or debit card provider. In case of inconveniences with your payment, please, contact email@example.com. Upon confirmation of payment for Content, either an individual transaction or the subscription fee, Eyelet’s embeddable player in Publisher’s platform shall stream the selected Content You paid for. Upon confirmation of payment for Tokens or Credits, such Tokens or Credits will appear on your user account, as well as the applicable conditions to use them in Publishers’ websites (including the Userhub). To the extent permitted by the applicable law, all transactions will be final and payments will be non-refundable.
5. You may have to pay applicable taxes and transactional fees in your location when buying or renting Content in Publishers’ websites, or when subscribing to Eyelet’s SVOD service, as well as other additional fees that may be charged by debit/credit card providers, such as foreign transaction fees or other fees relating to the processing of your payment.
6. It is hereby agreed by You that Suppliers or Eyelet (depending on the applicable Distribution/Commercialization Method of Content) reserve the right to change and/or modify prices of Content (in case of TVOD) or subscriptions (in case of SVOD) You have not purchased, rented or paid for yet, at any time. Upon implementation of such changes, You will be able to verify the new prices in each Publisher’s website (or Eyelet’s Userhub) before accessing and streaming the Content. Subject to payment of the price set in each case, Publishers will grant you non-exclusive, non-transferable, non-sublicensable, limited license, to access and visualize the Content via streaming, with those restrictions informed to You by this Agreement or before proceeding with payment, for personal, non-commercial, private use. Content will not be available for download. The number of devices on which You may simultaneously stream and watch Content is 3 (three). You may or may not be offered Token / Credit promotions as indicated in Item B.10.You may only rent Content under the TVOD Distribution/Commercialization Method for a limited period of time and for a maximum of two (2) streams per Content. You may only buy Content under the TVOD Distribution/Commercialization Method for up to ten (10) streams per Content, for as long as Eyelet’s services or the Content are available. You hereby agree that Content rented or bought for several streams, or Content accessed via Eyelet’s SVOD subscription service, may become unavailable due to potential Supplier licensing restrictions or for other reasons, and Eyelet will not be liable to You if Content becomes unavailable for further streaming after your purchase.
7. The quality of the display of Content on Publisher’s websites (including the Userhub) may vary depending on the device You use, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Not all Content is available in all formats, such as HD. The time it takes to begin watching Content on Publisher’s websites (including the Userhub) after concluding payment will vary based on a number of factors, including your location, the configuration of your account and device, the available bandwidth at the time and the Content you have selected.
8. You may encounter Content that may be offensive, indecent or objectionable, that may or may not be identified as having explicit language or other attributes. You agree to pay for, access and stream such Content within Publisher’s websites (including the Userhub) at your sole risk. Eyelet has no liability to You for any Content available through its services. Content types, genres, categories, and descriptions are provided by Suppliers and Publishers other than Eyelet, only for your convenience. Eyelet does not guarantee their accuracy.
9. Eyelet will provide the technology: (i) for Suppliers to upload Content and authorize Publishers (including Eyelet) to offer, commercialize, digitally distribute, make available and stream Content to their end users (including You), in accordance to the Distribution/Commercialization Method authorized in each case, by using Eyelet’s embeddable player and a third party payment system such as Stripe’s payment gateway; (ii) for Publishers to offer, commercialize, digitally distribute, make available and stream such Content to their end users (including You) in exchange of a price of Supplier’s or Eyelet’s choosing (depending on the Distribution/Commercialization Method authorized in each case), by using Eyelet’s embeddable player and Stripe’s payment gateway; (iii) for Publishers’ end users (such as You) to verify the available Content in each Publisher’s website available in their location (including the Userhub), to later on access such Publishers’ websites and stream such Content, on a non-exclusive basis, in consideration of payment of prices which will vary depending on the case, by using Eyelet’s embeddable player and a third party payment system such as Stripe’s payment gateway.
10. Tokens or Credits): Eyelet may or may not enable an option for You to purchase Tokens or Credits in your user account within the Userhub, by using a debit or a credit card. In the event such option is enabled by Eyelet, such Tokens or Credits could be later on used in Publisher’s platforms (including the Userhub) for Content purchases, rentals or subscriptions. From time to time, Eyelet may offer You promotions or special deals for the purchase of Tokens or Credits To the extent permitted by the applicable law, purchases for Tokens or Credits will not be refundable.
C. GENERAL USAGE RULES
1. Your use of the Services, the Website and any content therein must follow the rules set forth in this section (hereinafter, “Usage Rules”). Any other use of the Services, the Website and contents therein shall constitute a material breach of this Agreement by You. To ensure that You are following these Usage Rules and all other use guidelines set forth in this Agreement, Eyelet may (but will not be obliged to) monitor your use of the Services, the Website and its content.
You must be 18 years of age, or the age of majority in your province, territory or country, to become a user of the Website and/or Services. Minors may only use the Website/Services under supervision and with the approval of their parents or guardians, as required by local regulations.
You may use the Services, the Website and the contents therein only as permitted by this Agreement, for personal use.
By using the Services, the Website and the contents therein, Eyelet will not grant or transfer any rights to You.
You must always upload accurate information in your account, including debit or credit card information if applicable.
You may not sell access to the Website and/or Services.
Asides from renting or buying Content or subscriptions under TVOD/SVOD Distribution/Commercialization Methods (as applicable) or Credits or Tokens if enabled by Eyelet, You may not buy or sell any products or services within the Website.
You may not sell advertising, sponsorship or promotions on or within the Website and/or the Services.
You may not to alter or modify any part of the Website and/or Services and/or contents therein.
You may not disable, tamper with or circumvent any measures or security technology included in the Website or the Services or the embeddable player. You may not remove remove, alter, deactivate, degrade or thwart any of the Content protections while using the Website/Services, nor use any technology or technique to obscure or disguise your location
You may not use any scraper, robot, spider, or other automated means to access the Website/Services, or to decompile, disassemble or reverse engineer any content, information or materials accessible through the Website/Services.
You may not use any data gathering, data mining, or data extraction method.
Your use of the Services, the Website and Content as available in Publisher’s websites will not constitute a waiver of any rights of the Content’s copyright owners or licensees.
You shall never copy Content available on Publisher’s websites.
You agree not to use the Content purchased in Publisher’s websites for public performances.
You may not use the Services or the Website to upload, publish, use, make available to others, digitally distribute, offer, stream and/or commercialize, or allow others to digitally distribute, offer, stream and/or commercialize, any materials that You do not have permission, right or license to upload, publish, use, make available to others, stream, commercialize or allow others to stream and commercialize.
You may not use the Services or the Website to post objectionable, offensive, unlawful, deceptive or harmful information;
You may not use the Services or the Website to post personal, private or confidential information belonging to others;
You may not use the Services or the Website to request personal information from anyone, including minors;
You may not use the Services or the Website to impersonate or misrepresent your affiliation with another company, person or entity;
You may not use the Services or the Website to post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
You may not use the Services or the Website with the aim of interrupting, destroying or limiting the functionality of any computer hardware, software, telecommunication or equipment associated with the Website or the Services, including any software viruses or any other computer code, files or programs.
You may not use the Services or the Website to plan or engage in any illegal, fraudulent, or manipulative activity.
D. YOUR USE OF OUR WEBSITE. YOUR MATERIALS. LICENSES OF USE. THIRD-PARTY WEBSITES.
1. You are and will be responsible and liable for all activity occurring under your user account, the information You upload on your account (including debit or credit card information) and shall not only comply with the Usage Rules, but also with all applicable laws and regulations in connection with your use of the Website and/or Services, including but not limited to those related to copyrights, Data privacy, international communications, transmission of technical and/or or personal Data, etc. The Website shall allow You to upload, publish, share, use and make available to others certain information, such as your contact information (eg. user name or e-mail), comments, or Publisher’s links or watchlists in social media or Publishers’ sites where the Content will be available for purchase, etc. You hereby authorize Eyelet to make your contact information available to other users of the Website and/or the Services, as well as Publishers and Suppliers when necessary. The Website will also allow You to access trailers, pictures, links or the like (including but not limited to associated metadata and artwork), and it may redirect You to Publishers’ websites, outside Eyelet’s Website, to buy or rent Content under the TVOD Commercialization/Distribution Method or for visualization of Content if using the SVOD Commercialization/Distribution Method. You shall be solely responsible for the Content you buy, rent or access on third-party Publisher’s Websites. Your use of all features mentioned above must comply with the Usage Rules set herein.
2. You shall be solely responsible for any information, Data, personal Data, comments or materials (hereinafter, the “Materials”) You post, submit, upload, publish, import, use, share or make available on the Websites, third-party websites and/or while or by using Services, as applicable, for the debit and credit card information You upload in your user account and the purchases of Eyelet’s Tokens or Credits You may or may not do, and the consequences doing so. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to post, submit, upload, publish, import, use or make available any Materials You post, submit, upload, publish, import, share, use or make available on the Website and/or while or by using the Services, as applicable, as well as for the debit and credit card information You upload in your user account and the purchases of Eyelet’s Tokens and Credits You may or may not do. By using the Services, You hereby grant a free, worldwide, perpetual, non-exclusive license to Eyelet to use, reproduce, distribute, prepare derivative works of, share and display your Materials (including but not limited all patents, trademarks, trade secrets, copyrights or other proprietary rights in and to such Materials, with express exception of credit or debit card data and information) in the Website and/or Services pursuant to this Agreement, for internal purposes, for marketing and promotional purposes and for making such Materials available to other users of the Website within the terms set herein.
3. You will retain all your rights in the Materials You may post, submit, upload, publish, import, use and/or make available in or on the Websites, or while or by using the Services, including but not limited to ownership rights and/or licenses. By submitting, posting and/or uploading Materials onto the Website, You agree, to the maximum extent permitted by law, to indemnify and hold Eyelet, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising out of your breach to this section (Section D) of the Agreement.
4. The above licenses granted by You will terminate after You remove or delete your Materials from the Website and/or cancel your registration in the Services or the Website. You understand and agree, however, that Eyelet may retain, but not display, distribute, or perform, server copies of your Materials that have been removed or deleted.
5. Eyelet does not endorse any Materials posted, submitted, uploaded, published or imported on or in the Website and/or the Services by any user, or Content offered, digitally distributed and commercialized by using the Services and/or the Website, or any opinion, recommendation, or advice expressed therein. Eyelet expressly disclaims any and all liability in connection with the Materials and the Content.
6. Eyelet grants to You a non-transferable, non-exclusive license to use the Website as permitted by the Usage Rules and this Agreement. The terms of this Agreement will govern any Materials, or services accessible at or through the Website and/or the Services (unless Eyelet replaces or supplements the Agreement, case in which the document that replaces or supplements the Agreement shall prevail). You may not distribute or make the Website and/or Services and/or any parts or content thereof available to third parties. You may not transfer, redistribute or sublicense this license to use the Website and/or Services. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website and/or the Services and/or any parts or contents thereof or any updates, including the embeddable player.
7. THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES, INCLUDING BUT NOT LIMITED TO THIRD-PARTY PUBLISHER’S OR STRIPE’S WEBSITES OR PLATFORMS, THAT ARE NOT CONTROLLED OR OWNED BY EYELET. EYELET WILL NOT ASSUME ANY RESPONSIBILITY FOR SUCH THIRD-PARTY WEBSITES, INCLUDING THEIR CONTENT, PRIVACY POLICIES, DATA POLICIES, OR THE LIKE. EYELET WILL NOT CONTROL SUCH THIRD-PARTY WEBSITES. YOU HEREBY RELEASE EYELET FROM ANY AND ALL LIABILITY THAT MAY ARISE FROM YOUR USE OF ANY THIRD-PARTY WEBSITE. EYELET IS NOT AND WILL NOT BE RESPONSIBLE OR LIABLE FOR THIRD-PARTY MATERIALS OR CONTENT INCLUDED WITHIN OR LINKED FROM THE WEBSITE OR SERVICES.
E. INFRINGEMENT CLAIMS.
1. Eyelet does not permit nor condone copyright infringing activities and infringement of intellectual property rights or any other type of rights on the Website and/or as a result of Suppliers’, Publishers’ or your use of the Website and/or Services. FOR RIGHTS ENFORCEMENT REASONS, ALL UPLOADED CONTACT DETAILS SHALL BE MADE AVAILABLE TO OTHER USERS OF THE WEBSITE AND/OR SERVICES. If any such users allege any other user of the Website does not count on sufficient rights to upload or use certain information, or upload, offer, commercialize, digitally distribute, make available, stream or allow others to offer, commercialize, digitally distribute, make available or stream certain Content, they shall submit an infringement claim (hereinafter, the “Infringement Claim”) via e-mail to firstname.lastname@example.org. Such Infringement Claim shall:
Identify the copyrighted works or any other rights claimed to have been infringed.
Provide information reasonably sufficient to allow Eyelet to locate Content related to such claim.
Identify the allegedly infringing user of the Website and its contact details.
Provide sufficient evidence of the claim and a statement of good-faith belief that the use of the copyrighted work or rights under analysis has not been authorized by the owner, its agent, or the law.
Provide a statement that the information in the claim is accurate to the best of the complaining party’s belief.
Provide a statement, under penalty of perjury, that the complaining party is authorized to file the complaint or act on behalf of the owner of the allegedly infringed rights.
2. Provided the notification complies with the requirements above, Eyelet will immediately remove or disable access to the allegedly infringing Material or Content. Following this, Eyelet shall take reasonable steps to promptly notify the alleged infringer of the Infringement Claim and allow such alleged infringer to submit a counterclaim within ten (10) working days after such notification, submitting sufficient evidence to prove its authorization to use the work or rights under analysis as originally intended. Each of the parties of such Infringement Claim will be solely responsible for the authenticity of the evidence submitted to Eyelet. If no counterclaim is filed within the above indicated time period, or if Eyelet considers the evidence submitted by each party is contradictory, Eyelet will not reinstate the allegedly infringing Material or Content on the Website nor allow access to it, unless both parties of such Infringement Claim come to an agreement and provide evidence of such agreement to Eyelet. Eyelet will have the right (but not the obligation) to request documents to Suppliers in order to verify if they count on sufficient rights over Content they upload or allow others to offer, digitally distribute and commercialize by using the Services and/or the Website.
3. If an Infringement claim is in course and the end user that purchase such Content cannot longer access to it because the Content has been removed, such end user will receive a refund, with no interests of any kind.
1. You hereby agree and consent that by using the Website and/or the Services, voluntarily submitting or uploading information and/or Materials onto the Website and purchasing Content under any available Distribution/Commercialization Method, You authorize Eyelet to collect, process and use your data (included but not limited to personal data, Materials, location information, viewing behavior, usage and/or commercialization data and the like, hereinafter, the “Data”) for different legitimate purposes related to Eyelet’s business activity, Websites and/or Services, including but not limited to customer support, provision of contact details to Publishers, Suppliers and other users of the Website and/or Services, elaboration and provision of statistics to other users of the Website and/or the Services in exchange for a service fee (either Suppliers or Publishers), improvement of Eyelet’s products or services, provision of services or technologies, automatic profiling, to keep business contacts, for marketing purposes, for ensuring Data security and any other services provided by the Website or Eyelet within the terms of this Agreement. YOU HEREBY CONSENT AND AGREE THAT BY USING THE WEBSITE AND/OR THE SERVICES, ALL UPLOADED CONTACT DETAILS AND VIEWING BEHAVIOUR STATISTICS SHALL ALSO BE MADE AVAILABLE TO OTHER USERS OF THE WEBSITE AND/OR SERVICES, INCLUDING SUPPLIERS AND PUBLISHERS, WHICH YOU DEEM APPROPRIATE, PERTINENT, AND NON-EXCESSIVE CONSIDERING THE LEGITIMATE PURPOSES FOR WHICH THIS DATA WAS COLLECTED AND PROCESSED. You understand and agree that by purchasing Content under any available Distribution/Commercialization Method on a Publisher’s website or by registering in a Publisher’s website, Publisher will be provided with your e-mail contact, which Publisher and/or Eyelet may or may not use for promotional purposes (and You may opt out of such e-mail communications upon request to either Publisher’s contact e-mail for Publisher’s promotional e-mails, or Eyelet’s e-mail email@example.com for Eyelet’s promotional e-mails). In connection with the conducted business activity, in some cases Eyelet will also disclose Data to different third parties, in particular, legal and accounting service providers, couriers and transport companies, providers of IT systems and equipment, marketing agencies, banks, payment processing platforms such as Stripe and/or public entities. Data is also disclosed to entities related to Eyelet, including companies being part of the Eyelet’s capital group. IF YOU DO NOT WISH TO SHARE YOUR DATA AS NECESSARY FOR THE SERVICES TO OPERATE EFFECTIVELY, PLEASE, ABSTAIN FROM ACCEPTING THIS AGREEMENT AND USING THE WEBSITE AND/OR SERVICES OR UPDATE YOUR COOKIE PREFERENCES ACCORDINGLY. FOR THE PURPOSES OF CLARIFICATION, DEBIT OR CREDIT CARD INFORMATION UPLOADED BY YOU ON YOUR USER ACCOUNT SHALL BE PROTECTED BY ENCRIPTION AND NEVER BE SHARED WITH OTHER USERS, ENTITIES OR THIRD PARTIES.
2. Eyelet shall use reasonable efforts to secure and protect Data submitted by You in the Website from uses other than those specified herein, but You agree that your submission of such Data is voluntary and at your sole risk, and You hereby release Eyelet from any and all responsibility for any loss or liability relating to such Data in any way.
3. Cookies: it is hereby informed and agreed by You that the Websites use technology to collect information about their use, to help us provide You with a good experience, to provide certain Services within the Websites and to allow Eyelet to improve the Websites and the Services. This means that when You visit the Websites, cookies or similar technologies will be placed on your devices. Cookies might collect Data. The use of aggregate (non-personal information) data may be provided to Facebook, Google and New Relic for statistics purposes.
4. Personal Data: Eyelet hereby informs You that as the owner of the websites, it will act as the controller for the processing of personal Data collected through the Website. Eyelet shall process Data (including personal Data) in accordance to and with legal basis on the governing law to this Agreement. Eyelet respects the applicable legislation regarding the protection of personal Data, the privacy of users, and the security of personal Data, adopting reasonable technical and organizational measures to prevent the loss, misuse, alteration, unauthorized access, and theft of the personal Data provided, taking into account the technological state, the nature of the personal Data, the purposes for which the Data was collected and processed, and the risks to which it is exposed. Personal Data collected as a result of this Agreement will be stored from the moment of collecting and protected via encryption. In the case of personal Data processing for those legitimate purposes mentioned above, the personal Data shall be kept for no longer than five (5) years from the date of termination of this Agreement or until a reasonable objection is raised. In the case of personal Data collection on the basis of consent, such personal Data will be stored until the consent is revoked. The period of personal Data processing and storage may be extended when the processing is necessary to establish, assert or defend Eyelet against a possible claim, and after that period only if required by law and to the extent required by law. You shall always have the right to contact Eyelet in order to access your personal Data, request a rectification of your personal Data, erase your personal Data, limit your personal Data processing, object to your personal Data processing, prevent the transfer of your personal Data, or withdraw your consent at any time (if the processing is carried out on that basis, without prejudice to the lawfulness of processing carried out on the basis of the consent before its withdrawal).
5. For any matters concerning Data or personal Data protection, You may contact Eyelet at firstname.lastname@example.org. You may also contact or file complaints before the applicable Data Protection Officer in accordance to the governing law of this Agreement, namely, the Office of the Australian Information Commissioner, phone no. (+61)1300 363 992, E-mail email@example.com.
G. INTELLECTUAL PROPERTY.
1. You agree that the Websites, any of Eyelet’s content therein and the Services, including but not limited to Eyelet’s graphics, user interface, audio clips, video clips, technologies, editorial content, embeddable player and the scripts and software used or implemented in the Website and/or Services, are owned by or licensed to Eyelet and/or its licensors, and are protected by applicable intellectual property regulations and other laws, including but not limited to copyright, trademark and patent laws. You agree that You will not use such proprietary information or materials in any way whatsoever except for use of the Website in compliance with this Agreement. No portion of the Website and/or Services may be reproduced by You in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Website and/or Services and/or the license of use granted herein in any manner, and You shall not exploit the Website and/or Services and/or the license of use granted herein in any manner not expressly authorized by Eyelet.
2. The Eyelet name, logo and other trademarks, service marks, graphics, designs, works and logos used in connection with the Website and/or Services are designs, works, trademarks or registered trademarks of Eyelet throughout the world. You are granted no right or license with respect to any of the aforesaid designs, works, trademarks or registered trademarks.
3. If You believe that any content available through the Website and/or Services infringes your copyrights or any other rights, please contact Eyelet at firstname.lastname@example.org to file an Infringement Complaint, as set forth in Section E of this Agreement.
H. DISCLAIMER OF WARRANTIES. LIMITED LIABILITY.
1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF OR INABILITY TO USE THE WEBSITE AND/OR THE SERVICES AND/OR THE LICENSE OF USE PROVIDED HEREIN, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY SERVICES PERFORMED OR PROVIDED BY EYELET ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, THE LICENSE OF USE AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF SATISFACTORY QUALITY, OF MERCHANTABILITY, OF ACCURACY, OF QUIET ENJOYMENT, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EYELET OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE WEBSITE, THE LICENSE OF USE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN YOUR DEVICES OR PROPERTY.
2. EYELET DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE AND/OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND YOU AGREE THAT FROM TIME TO TIME EYELET MAY REMOVE OR SUSPEND THE WEBSITE AND/OR SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE WEBSITE AND/OR SERVICES AND/OR THE LICENSES OF USE GRANTED HEREIN AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE WEBSITE AND/OR SERVICES WITHOUT NOTICE TO YOU.
3. IN NO CASE SHALL EYELET, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF (OR INABILITY TO USE) ANY OF THE WEBSITE, THE SERVICES AND/OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR SERVICES AND/OR THE CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE, THE SERVICES OR ANY CONTENT UPLOADED, POSTED, TRANSMITTED, COMMERCIALIZED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE AND/OR SERVICES.
4. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EYELET BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE AND/OR THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. WHILE EYELET WILL TAKE REASONABLE EFFORTS TO PROTECT ALL DATA AND WEBSITE SECURITY, EYELET DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE AND/OR SERVICES WILL BE FREE FROM CORRUPTION, LOSS, VIRUSES, ATTACK, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE EYELET FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT OR MATERIALS UPLOADED ON THE WEBSITE.
I. WAIVER AND INDEMNITY
1. BY USING THE SERVICES, YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD EYELET, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF OR INABILITY TO USE THE WEBSITE AND/OR SERVICES, OR ANY ACTION TAKEN BY EYELET OR THIRD PARTIES AS PART OF AN INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF EYELET’S FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM EYELET, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF EYELET’S DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION, MATERIAL OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE WEBSITE AND/OR SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF EYELET'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
2. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND EYELET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
1. AS A CONSEQUENCE OF THIS AGREEMENT AND AS A RESULT OF YOUR USE OF THE WEBSITE AND/OR THE SERVICES, YOU WILL HAVE ACCESS TO AND ACQUIRE KNOWLEDGE OF MATERIAL, DOCUMENTS, INFORMATION, DATA SYSTEMS, BUSINESS MODELS, BUSINESS STRATEGIES, STATISTICS, METRICS, METADATA, DESIGNS, WORKS, SOFTWARE, INVENTIONS, INTERFACES AND OTHER DOCUMENTS, RIGHTS AND INFORMATION THAT BELONGS TO EYELET, ARE OF A VALUABLE AND CONFIDENTIAL NATURE, AND THAT ARE NOT AVAILABLE TO OR KNOWN BY THE GENERAL PUBLIC (HEREINAFTER, THE “CONFIDENTIAL INFORMATION”). YOU SHALL NEVER, UNDER ANY CIRCUMSTANCE, USE, PUBLISH, COMMERCIALIZE, DISCLOSE, REVEAL OR DIVULGE ANY AND ALL THE CONFIDENTIAL INFORMATION. ANY KNOWLEDGE ACQUIRED BY YOU FROM OR OF SUCH CONFIDENTIAL INFORMATION, OR OTHERWISE THROUGH THIS AGREEMENT, OR THROUGH THE USE OF THE WEBSITE OR SERVICES, SHALL NOT BE USED, PUBLISHED, COMMERCIALIZED, DISCLOSED, REVEALED OR DIVULGED BY YOU TO ANY OTHER PERSON, FIRM OR CORPORATION IN ANY MANNER WHATSOEVER, UNLESS AUTHORIZED BY EYELET IN WRITTEN FORM. AT ANY TIME UPON EYELET’S WRITTEN REQUEST FOR ANY REASON, YOU WILL PROMPTLY DESTROY OR DELIVER TO EYELET ANY AND ALL CONFIDENTIAL INFORMATION IN YOUR POWER. IN THE EVENT THAT YOU ARE REQUESTED BY A GOVERNMENTAL AGENCY OR SELF-REGULATORY AUTHORITY, OR REQUIRED BY APPLICABLE LAW, REGULATION OR LEGAL PROCESS TO DISCLOSE ANY CONFIDENTIAL INFORMATION, YOU SHALL, TO THE EXTENT PERMITTED BY LAW, REGULATION, AND APPLICABLE AUTHORITY, PROVIDE EYELET WITH PROMPT WRITTEN NOTICE OF SUCH REQUEST OR REQUIREMENT. YOU UNDERSTAND AND AGREE THAT MONEY DAMAGES MAY NOT BE A SUFFICIENT REMEDY FOR YOUR BREACH OR THREATENED BREACH OF THIS SECTION OF THE AGREEMENT AND THAT IN SUCH EVENT, IN ADDITION TO ALL OTHER REMEDIES AVAILABLE TO EYELET AT LAW OR EQUITY, EYELET SHALL BE ENTITLED TO SEEK EQUITABLE RELIEF, INCLUDING INJUNCTION AND SPECIFIC PERFORMANCE WITHOUT NECESSITY OF POSTING ANY BOND. THE FOREGOING COMMITMENTS AND OBLIGATIONS SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND REMAIN IN FORCE IN PERPETUITY.
K. CHANGES IN THE AGREEMENT
1. Eyelet reserves the right at any time to modify any aspects of this Agreement and to add new or additional terms or conditions for your use of the Website and/or Services. Such modifications and the additional terms and conditions thereof will be duly notified to You via e-mail and/or push notifications. If you do not agree with such modifications or the additional terms and conditions, You can discontinue your use of Eyelet’s Website and Services, or delete your Account, Data and any other Materials uploaded on the Website, at any time.
L. TERM, TERMINATION AND SUSPENSION OF SERVICES
1. This Agreement is effective until terminated by You or Eyelet, except as otherwise provided herein.
2. If You fail, or Eyelet suspects that You have failed, to comply with any of the provisions of this Agreement, Eyelet may, without notice to You: (i) terminate this Agreement and/or user account, and You will remain liable for any and all damages of any kind caused to Eyelet’s or third parties; and/or (ii) terminate your license; and/or (iii) preclude your access to the Website and/or the Services.
3. Eyelet further reserves the right to modify, suspend, or discontinue the Website and/or its functions and features and/or Services and/or licenses (or any part or content thereof) at any time with or without notice to You, and Eyelet will not be liable to You or to any third party should it exercise such rights.
M. GOVERNING LAW AND JURISDICTION.
1. This Agreement and the relationship between You and Eyelet shall be governed by the laws of New South Wales, Australia, excluding its conflicts of law provisions. You and Eyelet agree to submit to the personal and exclusive jurisdiction of the courts located within Sydney, New South Wales, Australia, to resolve any dispute or claim arising from this Agreement.
N. SUPPORT & HELP CENTER
1. To find more information about the Services and their features, or if You need assistance with your account or the Services, or if you need to make claims due to inconveniences while using the Website or the Services, please contact email@example.com.
O. OTHER PROVISIONS
1. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
2. Eyelet may send you promotions or otherwise communicate with you electronically, which may include e-mail or push notification, and you hereby consent to receive those communications. To stop receiving marketing communications from Eyelet, update your marketing communication preferences in your Account.
3. This Agreement constitutes the entire agreement between You and Eyelet and governs your use of the Website and/or Services, superseding any prior agreements or documents with respect to the same subject matter between You and Eyelet. You also may be subject to additional terms and conditions that may apply when You use affiliate services, third-party websites or content, third-party software, or additional services. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Eyelet's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Eyelet will not be responsible for failures to fulfill any obligations due to causes beyond its control.
4. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Website and/or Services. Your use of the Website and/or Services may also be subject to other laws. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in this Agreement) Content and information contained on or obtained from or through the Website or the Services.
5. You hereby grant Eyelet the right to take steps Eyelet believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Eyelet has the right, without liability to You, to disclose any Data and/or information to law enforcement authorities, government officials, and/or a third party, as Eyelet believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Eyelet's right to cooperate with any legal process relating to your use of the Website and/or Services and/or content therein, and/or a third-party claim that your use of the Website and/or Services and/or content therein is unlawful and/or infringes such third party's rights).
6. For the purposes of this Agreement, You and Eyelet are independent contracting parties, and nothing herein will be construed as creating an agency relationship, a fiduciary relationship, an employer-employee relationship, a partnership, a joint venture, or an obligation to form any such relationship or entity between You and Eyelet.
7. This Agreement and the rights herein granted to Eyelet may be sold, licensed, assigned or transferred by Eyelet to its successors, licensees or assignees, including companies being part of the Eyelet’s capital group. You cannot assign this Agreement and all its rights as herein provided, without the prior written consent of Eyelet.