- From time to time, we may modify or amend the Terms. If we make changes to these Terms, we will provide notice of such changes by posting a notice inside the Application and updating the “Last Updated” date above. If you continue to use the App following such a posting, you accept any such change or modification.
- The rights granted to you in this Agreement are subject to the following restrictions:
(a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any App.
(b) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Apps, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
(c) You shall not access any App in order to build a similar or competitive service or application.
(d) Except as expressly stated herein, no part of any App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
(e) You shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App. Any future release, update, or other addition to functionality of any App (including in-App purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any App content must be retained on any copies.
Eyewind reserves the right, at any time, to modify, suspend, or discontinue the Apps or any part thereof with or without notice. You agree that Eyewind will not be liable to you or to any third party for any modification, suspension, or discontinuance of any App or any part thereof.
Apps provided to you are licensed to you and not sold. Eyewind (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to all Apps, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any App. The Eyewind name, logo, and the product names associated with the Apps belong to Eyewind (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. Eyewind (and its licensors, where applicable) reserve all rights not granted in this Agreement.
(a) “Content” means text, graphics, patterns, images, software, photographs, drawings, paintings, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the App.
(b) “ User Content” means any Content that App users (including you) provide to be made available through the App.
You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy. Eyewind is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
By uploading, distributing, or otherwise using your User Content with any App, you automatically grant, and you represent and warrant that you have the right to grant, to Eyewind an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content on any App.
III. FeedbackWe welcome feedback, comments and suggestions for improvements to the App (“Feedback”).You grant to us a non-exclusive, worldwide, perpetual, irrevocable, free, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
IV. User responsibilitiesWhen user use the applications,you're forbidden to upload, distribute, or otherwise use any User Content for any illegal or improper activity, including but not limited to the following :
- Infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
- Tortious, trade libelous, defamatory, false, or intentionally misleading.
- That is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity,gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable.
- That is harmful to minors in any way.
- That constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
- That violates of any law, regulation, or contractual obligations.
- Collect information or data regarding other users, including e-mail addresses, without their consent.
- Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
V. CopyrightYou acknowledge that the App and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or Content, including User Content from other users. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content accessed through the App.
VI. EnforcementEyewind reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.
VII.Term and Termination
- This Agreement commences on the date you accept this Agreement (as described in the preamble) and will remain in full force and effect while you use the App, unless earlier terminated in accordance with this Agreement.
- Eyewind respects copyright law and expects its users to do the same. It is Eyewind policy, in appropriate circumstances and at its discretion, to disable and/or terminate the access of or remove from the App the content of users who repeatedly infringe the copyrights of others.
- Upon termination of this Agreement, your right to use the App will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. Eyewind will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content. Even after this Agreement is terminated,some of term in this Agreement will remain in effect.
VIII. Links to Third Party Websites or ResourcesThe App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
IX. IndemnityYou will indemnify and hold harmless Eyewind from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with:
- Your access to or use of the App or Content.
- Your User Content.
- Your violation of these Terms.
X. Warranty DisclaimersTHE APP AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
- If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
- Your use of the App constitutes your acceptance of the Terms.
- Eyewind reserves all rights in the changing and explanation of the agreement.