Terms of Use
All use of eyebblab.com, its web site and any free or subscription services offered by eyebblab.com, including but not limited to: use and/or ownership of any chat rooms on eyebblab.com, use of eyebblab.com discussion boards, or any game, or other product or service (Collectively the “service”) are subject to the terms of this agreement and the policies, agreements and instructions for the use of this agreement and the policies herein and/or on the web site and posted by eyebblab.com, are hereby incorporated herein. The term “user” includes any person or entity ordering and/or using the service, as well as any person or entity acting on behalf of such person or entity in relation to ordering and/or using the service.
Any user, by ordering and/or using the eyebblab.com services agrees to be bound by the terms and conditions of this agreement. If the person or entity ordering or using this service is acting on behalf of another person or entity,
he/she represents and warrants that he/she has the power and authority to use the service and to enter into this agreement on behalf of such entity and that his/her actions have been duly authorized by such entity.
All Users agree to be bound by the terms and conditions of this Agreement and acknowledge and accept that:
eyebblab.com acts only as a forum and technical interface between Users and does not itself verify the qualifications of Users, nor does it evaluate, control or monitor in any ongoing manner exchanges between users. Users
must use their own judgment in evaluating the qualifications of and statements made by Users. Any opinions expressed by a User are of those of the User alone, and are not to be attributed to eyebblab.com. eyebblab.com
cannot and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of anything said or written by any User. There are risks of dealing with underage persons, or persons acting under false pretenses. Authentication on the Internet is difficult, and accordingly, eyebblab.com cannot always confirm that each User is whom they claim to be or that they can deliver services or make payments. eyebblab.com cannot control the information provided by Users. Users’ information might be offensive, harmful, untimely, inaccurate and/or deceptive and, accordingly, you agree to exercise caution, discretion and common sense when using the Service.
Information, advice, opinions or comments expressed by any User via the Service are not intended to substitute for informed professional advice. You should not use the Service for emergency purposes or to seek or provide diagnosis or treatment of medical, psychiatric or psychological problems, or as a substitute for face-to-face professional consultation. If you have a medical or psychiatric emergency, call your physician or 911 immediately. eyebblab.com is not a referral service and eyebblab.com does not endorse or recommend the use of any professional services. You must use your judgment to determine when it is necessary to consult with a provider who is local, licensed in your state or country, available in person, or otherwise possesses qualities required to properly diagnose or advise you, especially in areas of expertise such as medicine, law, accounting, psychological counseling, investment, tax or other financial advice, requiring government or regulatory licensing
or certification, or for high risk activities.
Modification and Termination
eyebblab.com reserves the right in its sole discretion to modify or discontinue the Service or modify the terms and conditions of Users’ access to the Service, without notice to Users.Without limiting other remedies, eyebblab.com may immediately issue a warning, temporarily suspend, indefinitely
suspend your use of the Service and refuse to provide our services to you for any reason, including without limitation, violation of any one or more of eyebblab.com’s City Standards or the terms described in paragraph c. below or (1) if you breach this Agreement or the documents it incorporates by reference; (2) if eyebblab.com is unable to verify or authenticate any information you provide to eyebblab.com; or (3) if eyebblab.com believes that your actions may cause legal liability for you, our users, or to eyebblab.com. Such termination or suspension of services may be without refund, at eyebblab.com’s sole discretion.
IF ANY MODIFICATION WE MAKE TO THIS AGREEMENT IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE SERVICE FOLLOWING eyebblab.com’S POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE OR NEW AGREEMENT.
Eligibility and Security
Authorized use of the Service is available only to persons who are at least 13 years old and who are otherwise capable of forming legally binding contracts under applicable law. In addition, eyebblab.com does not permit membership or use of the Service in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens.
Users
shall supervise and be solely and fully responsible for (i) all
activities that occur under a User’s password or account, including,
but not limited to, all usage by minors of the Service, and (ii)
maintaining the confidentiality of User’s account, password or any
personally identifiable information.
Information
User
is solely responsible for and shall continuously provide to the Service
true, accurate and current and complete information including, without
limitation, billing and credit card information and all other
personally identifiable information provided by the User. Users agree
that eyebblab.com may use this information as described in eyebblab.com’s Privacy Policy. Users may not share, or transfer paid membership accounts.
User Billing and Payment
Any user who subscribes to or uses any paid eyebblab.com service is responsible for payment of fees at the rate listed by eyebblab.com. The user authorizes eyebblab.com
to collect such fees immediately by debiting the user's credit card or
through the immediate collection of other forms of payment, electronic
or otherwise.
Subscription Refunds
Users who subscribe to a eyebblab.com
premium subscription service are entitled to a refund within seven days
of purchase. No refunds shall be issued after seven days have elapsed.
Users whose memberships are terminated or revoked by eyebblab.com for Terms of Service or City Standards violations forfeit any right to a refund for subscriptions paid to eyebblab.com for membership and/or the use of premium services.
Canceling subscriptions requires a 5 day notification before your service is to be billed. Failure to notify will result in a final subscription payment, and cancelation of subscription.
Representations, Warranties and Acknowledgments
Warranty Disclaimer
THE
SERVICE AND ALL RELATED SITES, SERVICES OR GOODS OBTAINED THROUGH THE
SERVICE ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. eyebblab.com
EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE
SITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow the
exclusion of warranty, so the above exclusions may not apply to you.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL eyebblab.com
BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL
OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE
SITE.
USER AGREES TO HOLD HARMLESS AND INDEMNIFY eyebblab.com,
AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY
LIABILITY ARISING FROM OR IN ANY WAY RELATED TO A USER’S USE OF THE
SERVICE, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS,
LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS,
LITIGATION COSTS AND ATTORNEY'S FEES, OF EVERY KIND AND NATURE, KNOWN
AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED.
Release and Waiver
USER
USES THE SERVICE AT HIS OR HER OWN RISK. To the maximum extent
permitted by applicable law, you hereby release, and waive all claims
against eyebblab.com
and its employees and agents from any and all liability for claims,
damages (actual and consequential). Costs and expenses (including
litigation costs and attorneys’ fees) of every kind and nature, arising
out of or in any way connected with use of the Service. If you are a
California resident, you waive your rights under California Civil Code
1542, which states “A general release does not extend to claims which
the creditor does not know or suspect to existing his favor at the time
of executing the release, which if known by him must have materially
affected his settlement with the debtor.” Residents of other states and
nations similarly waive their rights under applicable and/or analogous
laws, statutes, or regulations.
Services
eyebblab.com reserves the right to add new membership programs and to change the terms
of existing membership programs at any time, including paid programs.
These modifications may include, but are not limited to, changes in the
service, product offerings, price, or administration of the program.
Not all products are available for all platforms, clients, or browsers.
eyebblab.com will announce any change in the price of the program on its website prior to any such change taking effect.
If ordering merchandise and/or services from anyone other than eyebblab.com, through any commercial service offered via an official eyebblab.com partnership or affiliate, via eyebblab.com, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the seller of the merchandise or services. eyebblab.com
makes no warranties or representations whatsoever with regard to any
goods or services provided by the seller of the merchandise or services
and shall not be liable for the costs or damages arising, either
directly or indirectly, from the products or services or from the
actions or inactions of the Seller.
Copyrights and Copyright Agent
eyebblab.com
has adopted and implemented a policy that provides for the termination
of services in appropriate circumstances of Users who infringe on
copyright holders. If you believe that your work has been copied in a
way that constitutes copyright infringement, please provide eyebblab.com with the following information required under 17 U.S.C. s. 512;
A
physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed,
and;
Identification of the copyright work claimed to have been
infringed, or, if multiple copyright works at a single online site are
covered by a single notification, a representative list of such works
at that site;
Identification of the material 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 eyebblab.com to locate the material;
Information reasonably sufficient to permit eyebblab.com to contact the complaining party, such as an electronic email address at which the complaining party may be contacted;
A
statement that the complaining party has a good-faith belief that use
of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law, and;
A statement that
the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
Please submit this information directly to
eyebblab.com.
You maintain a copyright on any copyrighted original material you post, to the extent allowed by law.
Links to Other Web Sites
The Service may provide links to Web sites other than eyebblab.com.com. eyebblab.com
neither controls such Sites or Services nor endorses any of the
materials or policies on such sites or Services, including but not
limited to Privacy Policies, or any association with their operators.
No Assignment
User
shall not assign this Agreement or assign any rights or delegate any
obligations hereunder, in whole or in part, whether voluntarily or by
operation of law, without the prior written consent of eyebblab.com. Any such proposed assignment or delegation by User without the appropriate prior written consent of eyebblab.com will be null and void and of no force or effect, unless otherwise expressly consented to by eyebblab.com at its sole and absolute discretion.
Relationship of the Parties
Not
withstanding any provision hereof, for all purposes of this Agreement,
each party shall be and act as an independent contractor and not as
partner, venturer, agent, employee or employer of the other and shall
not bind nor attempt to bind the other to any other contract.
Miscellaneous
If
any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be deemed superseded by a valid enforceable
provision that most closely matches the intent of the original
provision and the remaining provisions shall be enforced. eyebblab.com’s failure to act with respect to a breach by User or others does not waive eyebblab.com’s right to act with respect to subsequent or similar breaches. The failure of eyebblab.com to exercise or enforce any right or provision of these terms
and conditions shall not constitute a waiver of such right or
provision. The section headings and subheadings contained in this
Agreement are for convenience only and shall not limit or otherwise
affect the terms
of this Agreement. THIS AGREEMENT SHALL BE INTERPRETED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF CALIFORNIA. This Agreement constitutes
the entire agreement between eyebblab.com and User with respect to the subject matter hereof.
eyebblab.com may, at any time, modify any of the terms and conditions contained in this agreement by posting such changes on the eyebblab.com web site. If you do not agree to the changes, your only remedy is to cancel your eyebblab.com membership.