Legal

Terms of Use

Welcome to EyeGrad!

These Terms of Use (these “Terms”) govern your use of the EyeGrad, Inc. (“Company”, “EyeGrad”, “us”, “our”, and “we”) website, www.eyegrad.com (the “Website” or “Site”) and any associated applications or other websites that link to these Terms (collectively, the “Services”). Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms apply to creators that upload content to EyeGrad (“Creators”), ticket purchasers for EyeGrads (“Authorized Viewers”), and others who visit the Site or use the Services (collectively, “Users”).

These Terms create a legal agreement directly between you and EyeGrad and explain the rules governing use of the Services. By accessing or using the Services, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use the Service. You may not access or use the Services or accept the Terms if you are not at least 18 years old. By using this Site, you represent and warrant that you are at least 18 years old and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE SERVICES PROVIDED BY EyeGrad ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 11, “MANDATORY ARBITRATION AND CLASS ACTION WAIVER,” BELOW.

1. Changes to the Terms of Use

We may, from time to time, modify these Terms. Please check this page periodically for updates. We may, from time to time, send e-mails to users with major updates or new features. You are responsible for providing us with your most current e-mail address. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in Section 11 below. Your continued use of the Services after any such update constitutes your acceptance of such changes.

2. License and Usage

2.1 License

Subject to the Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal, noncommercial use. Notwithstanding the foregoing, Creators may use and access the Services for limited commercial use as provided for in the Creator Addendum. Your use of the Services is subject at all times to the EyeGrad Privacy Policy and these Terms. Company may revoke this license at any time in its sole discretion.

2.2 Acceptable Use

By using the Services, you agree not to engage in any activity that, in our sole discretion:

Is illegal, or violates any federal, state, or local law or regulation;

Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;

Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, pornographic, libelous, hate speech, violent or inciting violence, inflammatory, or otherwise objectionable;

Interferes with any other party’s use and enjoyment of the Services;

Attempts to impersonate another person or entity;

Falsely states, misrepresents, or conceals your affiliation with another person or entity;

Accesses or uses the Account of another user without permission;

Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;

Interferes with, disrupts, disables, overburdens, or destroys the functionality or use of any features of the Services, or the servers or networks connected to the Services;

“Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else, including by probing, scanning or testing the vulnerability of the Services or any third-party services accessible through the Services;

Improperly solicits personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;

Decompiles, reverse engineers, disassembles, or otherwise attempts to derive source code from the Services, except as expressly permitted in these Terms or as required by law;

Removes, circumvents, disables, damages, or otherwise interferes with security-related features, or features that enforce limitations on use of the Services;

Uses automated or manual means to violate the restrictions of the Services, or bypasses or circumvents other measures employed to prevent or limit access, for example by engaging in practices such as “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;

Modifies, copies, scrapes or crawls, displays, distributes, publishes, licenses, sells, rents, leases, lends, transfers, or otherwise commercializes any materials or content on the Services, except as specifically authorized by a particular service;

Downloads (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), distributes, posts, transmits, performs, reproduces, broadcasts, duplicates, uploads, licenses, creates derivative works from, or offers for sale any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms; or

Attempts to do any of the foregoing.

3. General Terms

3.1 Force Majeure

Under no circumstances shall EyeGrad or its licensors or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

_3.2 No Waiver _

No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of EyeGrad to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

3.3 Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

3.4 Statute of Limitations

Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

_3.5 Miscellaneous _

These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and EyeGrad and govern your use of the Services, and supersede any other agreements between you and EyeGrad on the subject matter, except for Individual Creator Agreements (which shall take precedence in the event of a conflict with these Terms). These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by EyeGrad without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of EyeGrad. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. If you are using the Services for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.

_3.6 Notices _

We may deliver notice to you by e-mail, posting a notice on the Services or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address:

555 Bryant Street, Unit 519, Palo Alto, CA 94301

with a copy to legal@eyegrad.com.

4 Ability to View an Event

The ability to view a streaming Event may be limited depending on your Internet provider, your device, and your browser type. You are responsible for determining whether your Internet speed, device, and browser can support a streaming Event and Veeps strongly suggests that you test your Internet speed, device, and browser before making a streaming ticket purchase. Veeps is not liable for troubleshooting issues, Internet loading, or capacity issues if these cause Attendees to miss any part of an Event. Veeps does not assist with the production of the Event, or any other part of the Event, including merchandise included with a Ticket, the length of the Event, and the ability to re-watch the Event. It is in the Event Producer’s sole discretion whether to permit Attendees to re-watch an Event after the original Event has taken place. Veeps is not liable for any issues during an Event, and only the Event Producer may approve refunds if any issues arise. Attendees may not photograph, film, or otherwise record Events and may not post any such photographs or recordings to social media or make any such recording publicly available without the Event Producer’s prior written permission in each instance. If you violate these provisions, in addition to seeking monetary damages against you, we and/or the Event Producer may seek an injunction against you to take down such recordings without posting a bond.

5. Claims of Copyright Infringement on the Site

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at www.copyright.gov.

Notices and counter-notices should be sent to Veeps Inc. by emailing legal@EyeGrad.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.

If you are found to be a repeat copyright infringer and we receive multiple DMCA or other copyright infringement notices regarding your User Content, you agree that we may take actions to prevent future infringement, such as:

Blocking your account from future content uploads

Terminating your account and access to the Site

Putting your email address on a banned list

Prohibiting you and anyone using your email address, IP address, or other identifying information from reopening your account or opening a new account

6. Questions

If you have any questions about these Terms, please contact us at help@eyegrad.com.