TERMS AND CONDITIONS – Website
These are our terms and conditions.
- Agreement to Terms
- Intellectual Property Rights
- User Representations
- User Registration
- Prohibited Activities
- User Generated Contributions
- Contribution License
- Guidelines for Reviews
- Mobile Application License
- Social Media
- Third-Party Websites and Content
- Site Management
- Digital Millennium Copyright Act (DMCA) Notice and Policy
- Term and Termination
- Modifications and Interruptions
- Governing Law
- Limitations of Liability
- User Data
- Electronic Communications, Transactions and Signatures
- California Users and Residents
- Contact Us
AGREEMENT TO TERMS AND CONDITIONS
These Terms and Conditions certainly do constitute a legally binding agreement. Made between you, whether personally or on behalf of an entity (“you”) and Idol Eyes Australia (“we,” “us” or “our”). Concerning your access to and use of the https://idoleyes.com.au/ website. As well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You hereby agree that you have read, understood, and also agree to be bound by all of these Terms and Conditions before accessing the Site. And if you do not agree with all of these Terms and Conditions that you certainly will discontinue the use immediately. And you are also expressly prohibited from using the Site.
We certainly do reserve the right in our sole discretion to make changes or modifications at any time and for any reason to these Terms and Conditions. Note that both supplemental terms and conditions and documents that are posted on the Site from time to time. Are hereby expressly incorporated herein by reference.
FURTHER TO THE AGREEMENT
We will of course alert you about any changes by updating the “Last updated” date of these Terms and Conditions. And you waive any right to receive specific notice of each such change.
By your continued use of the Site after any revised updates to the Terms and Conditions. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions.
If you are a person or entity who lives in any jurisdiction or country where the information provided on the Site would be contrary to law or regulation. Or if this would subject us to any registration requirement within such jurisdiction or country. You should not use this site.
FURTHER TO THE TERMS AND CONDITIONS
Accordingly, those persons who choose to access the Site from other locations. Do so on their own initiative and are solely responsible for compliance with local laws. If and to the extent local laws are applicable.
Those aged under 18 are certainly not permitted to register for the Site.
Only those who are at least 13 years of age or older should use the Site. All users who are minors in the jurisdiction in which they reside (generally under the age of 18). Must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor. Additionally you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
This Site is of course our proprietary property unless otherwise indicated. We either own or control the following. Or we have a license for it. All the source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”). And including the trademarks, service marks, and logos contained therein (the “Marks”). These are indeed protected by copyright and trademark laws. Or various other intellectual property rights. As well as the unfair competition laws of Australia, foreign jurisdictions, and international conventions.
For your information and personal use the Content and the Marks provided are on the Site only “AS IS”. Except as expressly provided in these Terms and Conditions. Therefore no part of the Site as well as no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed. Or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site. We granted you a limited license to access and use the Site. And to also download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete.
(2) you will truly maintain the accuracy of such information and promptly update such registration information as necessary.
(3) that you have the legal capacity and you agree to comply with these Terms and Conditions.
(4) and you are not under the age of 13.
(5) also you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
(6) and you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
(7) as well you will not use the Site for any illegal or unauthorized purpose.
(8) and your use of the Site will certainly not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete. We have the right to suspend or terminate your account. And refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. And if you do register you certainly agree to keep your password confidential. And as a result will be responsible for all use of your account and password. We surely do reserve the right to remove, reclaim, or change a username you select. If we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES – TERMS AND CONDITIONS
You certainly cannot access or use the Site for any purpose other than that for which we make the Site available. We strictly prohibit other commercial endeavors on this site. Unless approved by us.
As a user of the Site, you agree not to:
- systematically retrieve data or other content from the Site. To create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the Site. Including collecting usernames and/or email addresses of users by electronic or other means. For the purpose of sending unsolicited email, or creating user accounts. By automated means or under false pretenses.
- use a buying agent or purchasing agent to make purchases on the Site.
- or to use the Site to advertise or offer to sell goods and services.
- circumvent, disable, or otherwise interfere with security-related features of the Site. Including features that prevent or restrict the use or copying of any Content. Or enforce limitations on the use of the Site and/or the Content contained therein.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead us and other users. Especially in any attempt to learn sensitive account information such as user passwords.
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system. Such as using scripts to send comments or messages. Or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile.
- use any information obtained from the Site in order to harass, abuse, or harm another person.
- use the Site as part of any effort to compete with us. Or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
As a user of the Site, you also agree not to:
- decipher, de-compile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- delete the copyright or other proprietary rights notice from any Content.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material. Including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site. Or modifies, impairs, disrupts, alters and interferes with the use, features, functions, operation, or maintenance of the Site.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism. Including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system. Including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site. Also using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. And may also provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site. Including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and through third-party websites. When you transmit Contributions to this site they are treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby represent and warrant that:
- the creation, distribution, transmission, public display, or performance. And the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights. Including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us. The Site and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.
- that you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions. To use the name or likeness of each and every such identifiable individual person. And to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
- your Contributions are not false, inaccurate, or misleading.
- and your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- also your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
You also agree when you create or make available any Contributions, you thereby represent and warrant that:
- your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- and your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- as well your Contributions do not violate any applicable law, regulation, or rule.
- that your Contributions do not violate the privacy or publicity rights of any third party.
- and your Contributions do not contain any material that solicits personal information from anyone under the age of 18. Or exploits people under the age of 18 in a sexual or violent manner.
- also your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- and your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms and Conditions. And may result in, among other things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE TERMS AND CONDITIONS
By posting your Contributions to any part of the Site. [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts].
You automatically grant, and you represent and warrant that you have the right to grant, to us. An unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right. And the license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, re-title, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part). And also distribute such Contributions (including, without limitation, your image and voice) for any purpose. Be that commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions. As well as to grant and authorize sub licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will certainly apply to any form, media, or technology now known or hereafter developed. And also includes our use of your name, company name, and franchise name, as applicable. As well as any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You therefore waive all moral rights in your Contributions. And you warrant those moral rights have not otherwise been asserted in your Contributions.
FURTHER TO THE CONTRIBUTION LICENSE
We certainly do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights. Plus any other proprietary rights associated with your Contributions. We of course are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
You are in fact solely responsible for your Contributions to the Site. And you also expressly agree to exonerate us from any and all responsibility. As well as to refrain from any legal action against us regarding your Contributions.
We of course have the right, in our sole and absolute discretion. (1) to edit, redact, or otherwise change any Contributions. (2) to re-categorize any Contributions to place them in more appropriate locations on the Site. (3) also to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must indeed comply with the following criteria:
(1) so you should have first hand experience with the person/entity being reviewed.
(2) your reviews certainly should not contain offensive profanity, or abusive, racist, offensive, or hate language.
(3) also your reviews should not contain discriminatory references based on the following. Religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
(4) and your reviews should not contain references to illegal activity.
(5) in addition you should not be affiliated with competitors if posting negative reviews.
(6) and you should not make any conclusions as to the legality of conduct.
(7) also you may not post any false or misleading statements.
(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. And we have absolutely no obligation to screen reviews or to delete reviews. Even if anyone considers reviews objectionable or inaccurate. We certainly do not endorse Reviews. And they do not necessarily represent our opinions or the views of any of our affiliates or partners.
We also do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review. You hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-license-able right. And license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE – TERMS AND CONDITIONS
If you access the Site via a mobile application. Then we also grant you a revocable, non-exclusive, non-transferable, limited right. To install and use the mobile application on wireless electronic devices owned or controlled by you. And to access and use the mobile application on such devices. Strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.
You shall not:
(1) de-compile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application.
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application.
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application.
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time.
(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.
(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail.
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms certainly do apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:
(1) the license granted to you for our mobile application is limited to a non-transferable license. To use the application on a device that utilizes the Apple iOS or Android operating systems. As applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
(2) we are responsible for providing any maintenance and support services with respect to the mobile application. As specified in the terms and conditions of this mobile application license contained in these Terms and Conditions. Or as otherwise required under applicable law. And you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application.
(3) in the event of any failure of the mobile application to conform to any applicable warranty. You may notify the applicable App Distributor. And the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law. The App Distributor will have no other warranty obligation whatsoever with respect to the mobile application.
Further to the Apple and Android Devices
(4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo. Or that has been designated by the U.S. government as a “terrorist supporting” country. (ii) that you are not listed on any U.S. government list of prohibited or restricted parties.
(5) you must comply with applicable third-party terms of agreement when using the mobile application. e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application.
6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions. And that each App Distributor will have the right (and will be deemed to have accepted the right). To enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.
SOCIAL MEDIA – TERMS AND CONDITIONS
As part of the functionality of the Site. You may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”). By either: (1) providing your Third-Party Account login information through the Site. Or (2) allowing us to access your Third-Party Account. As is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are indeed entitled to disclose both your Third-Party Account login information to us. And/or grant us access to your Third-Party Account. Without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account. And without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts. You understand that (1) we may access, make available, and store (if applicable). Any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”). So that it is available on and through the Site via your account. Including without limitation any friend lists. And also (2) that we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts. Personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.
FURTHER TO THE SOCIAL MEDIA – TERMS AND CONDITIONS
Please note that if a Third-Party Account or associated service becomes unavailable. Or our access to such Third-Party Account is terminated by the third-party service provider. Then Social Network Content may no longer be available on and through the Site. You certainly will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Also we make no effort to review any Social Network Content for any purpose. Including but not limited to, for accuracy, legality, or non-infringement. And we certainly are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party Account. As well as your contacts list stored on your mobile device or tablet computer. Solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.
You certainly can deactivate the connection between the Site and your Third-Party Account. By contacting us using the contact information below. Or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account. Except the username and profile picture that become associated with your account.
SUBMISSIONS – TERMS AND CONDITIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights. And shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose. Be that commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions. And you hereby warrant that any such Submissions are original with you. Or that you have the right to submit such Submissions. Also you agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”). As well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software. And other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. And we are not responsible for any Third-Party Websites accessed through the Site. Or any Third-Party Content posted on, available through, or installed from the Site. Including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies. Of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites. Or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content. You do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
FURTHER TO THIRD-PARTY WEBSITES AND CONTENT
You should review the applicable terms and policies. Including privacy and data gathering practices, of any website to which you navigate from the Site. Or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies. And we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites. And you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you. Or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
ADVERTISERS – TERMS AND CONDITIONS
We do not allow advertisers to display their advertisements and other information in all areas of the Site. Such as sidebar advertisements or banner advertisements.
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms and Conditions.
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions. Including without limitation, reporting such user to law enforcement authorities.
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
(4) as well in our sole discretion and without limitation, notice, or liability. To remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
If you access the Site from the European Union, Asia, or any other region of the world. With laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States. Then through your continued use of the Site, you are transferring your data to the United States. And you expressly consent to have your data transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act. If we receive actual knowledge that anyone under the age of 13 has provided personal information to us. Without the requisite and verifiable parental consent. We will delete that information from the Site as quickly as is reasonably practical.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control. Please immediately notify us using the contact information provided below.
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright. You should consider first contacting an attorney.
Further to Notifications
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2) identification of the copyrighted work claimed to have been infringed. Or, if multiple copyrighted works on the Site are covered by the Notification. A representative list of such works on the Site.
(3) and 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. Also information reasonably sufficient to permit us to locate the material.
(4) information reasonably sufficient to permit us to contact the complaining party. Such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
(5) 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.
(6) 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 upon.
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or miss-identification. You may submit a written counter notification to us using the contact information provided below.
To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
(2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located. Or if your address is outside the United States, for any judicial district in which we are located.
(3) as well as a statement that you will accept service of process from the party that filed the Notification or the party’s agent.
(4) your name, address, and telephone number.
(5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed. Or disabled as a result of a mistake or miss-identification of the material to be removed or disabled.
(6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above. We will restore your removed or disabled material. Unless we first receive notice from the party filing the Notification. Informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or miss-identification. You may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Idol Eyes Australia
Ph: (02) 9899 9288
Fax: +61 2 9899 9288
TERM AND TERMINATION – TERMS AND CONDITIONS
These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY. DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES). TO ANY PERSON FOR ANY REASON OR FOR NO REASON. INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason. You are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. Even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account. We reserve the right to take appropriate legal action. Including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time. Or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
Also we cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems. Or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
So we reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time. Or for any reason without notice to you. You agree that we have no liability whatsoever. For any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site. Or to supply any corrections, updates, or releases in connection therewith.
These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of Australia. And applicable to agreements made and to be entirely performed within the State of New South Wales. Without regard to its conflict of law principles.
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”). Shall be commenced or prosecuted in the state and federal courts located in Australia, NSW, Sydney. And the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods. And the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than one year after the cause of action arose.
Option 2: Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”). The Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below). Informally for at least ninety days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party
Binding Arbitration – TERMS AND CONDITIONS
If the Parties are unable to resolve a Dispute through informal negotiations. The Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.
Arbitration shall be commenced and conducted in Australia, NSW, Sydney.
Your arbitration fees and your share of arbitrator compensation shall be governed by the Australian Consumer Law. And, where appropriate, limited by the Australian Consumer Law.
The arbitration may be conducted in person. Through the submission of documents, by phone, or online. Also the arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.
At all times the arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable Australian Consumer Law rules or applicable law. The arbitration will take place in Australia, NSW, Sydney.
Further to Binding Arbitration
Except as otherwise provided herein. The Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration. The Dispute shall be commenced or prosecuted in the state and federal courts located Australia, NSW, Sydney. And the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Both of the following are excluded from these Terms and Conditions. The application of the United Nations Convention on Contracts for the International Sale of Goods. And also the Uniform Computer Information Transaction Act (UCITA)
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one year after the cause of action arose. If this provision is found to be illegal or unenforceable. Then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable. And such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above. And the Parties agree to submit to the personal jurisdiction of that court.
Option 3: Binding Arbitration
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions (each a “Dispute” and collectively, “Disputes”). Any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration.
The arbitration shall be commenced and conducted under the Australian Consumer Law.
Your arbitration fees and your share of arbitrator compensation shall be governed by the Australian Consumer Law. And, where appropriate, limited by the Australian Consumer Law Rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing. But need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable Australian Consumer Law rules. The arbitration will take place in Australia, NSW, Sydney. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Further to Option 3: Binding Arbitration
If for any reason, a Dispute proceeds in court rather than arbitration. The Dispute shall be commenced or prosecuted in the state and federal courts located in Australia, NSW, Sydney. And the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods. And the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either Party related in any way to the Site or Services. Be commenced more than one year after the cause of action arose.
If this provision is found to be illegal or unenforceable. Then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal. Or unenforceable and such Dispute shall be decided by a court of competent jurisdiction. Within the courts listed for jurisdiction above. And the Parties agree to submit to the personal jurisdiction of that court.
Option 2 / Option 3: Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding. (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures. And (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Option 2 / Option 3: Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning [informal negotiations and] binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party. (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use. And (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable. Then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable. And such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above. And the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site. Including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions. And to change or update the information on the Site at any time, without prior notice.
DISCLAIMER – TERMS AND CONDITIONS
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE. AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT. OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER. RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE.
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS. AND/OR ANY AND ALL PERSONAL INFORMATION. AND/OR FINANCIAL INFORMATION STORED THEREIN.
- INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE.
- BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS. OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
FURTHER TO THE DISCLAIMER
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE. ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU. OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION. WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWO MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
IF THESE LAWS APPLY TO YOU. SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU. AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION – TERMS AND CONDITIONS
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees. From and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]. (2) use of the Site. (3) breach of these Terms and Conditions. (4) any breach of your representations and warranties set forth in these Terms and Conditions. (5) your violation of the rights of a third party. Including but not limited to intellectual property rights. Or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. And you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA – TERMS AND CONDITIONS
We will maintain certain data that you transmit to the Site for the purpose of managing the Site. As well as data relating to your use of the Site. Although we perform regular routine backups of data. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data. And you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site or sending us emails and also completing online forms constitute electronic communications. Therefore you consent to receive electronic communications. And you agree that all agreements, notices, disclosures, and other communications we provide to you electronically via email and on the Site. Do satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF THE FOLLOWING. ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS. AND ALSO TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If you have a complaint with us and it is not satisfactorily resolved. Then you can contact the Complaint Assistance Unit of the Division of Consumer Services. At the California Department of Consumer Affairs in writing. At 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS – TERMS AND CONDITIONS
These Terms and Conditions and any policies or operating rules posted by us on the Site. Do constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions. Will certainly not operate as a waiver of such right or provision.
The Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act. That may have been beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable. That provision or part of the provision is deemed sever-able from these Terms and Conditions. And certainly does not affect the validity and enforce-ability of any remaining provisions.
There certainly is no joint venture, partnership, employment or agency relationship created between you and us. As a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
Also you hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions. And also the lack of signing by the parties to execute these Terms and Conditions.
In order to resolve a complaint regarding the Site. Or to receive further information regarding the use of the Site. Please contact us at:
Idol Eyes Australia
Ph: (02) 9899 9288
Fax: +61 2 9899 9288
Or via our contact page.