Terms Of Use
These Terms of Use (“Terms”) govern your access to and use of the EYES
OUT, Inc., (“we”, “Our”, “us”, or “EYES OUT”) website (the “Service” or
“Services”). Please read these Terms carefully and contact us if you have any
questions. By accessing or using our website, you agree to be bound by these
Terms and our Privacy Policy. We reserve the right to update the Terms at any
time without notice to you. The most current version of the Terms can be
reviewed by clicking on the “Terms of Use” link at the bottom of our web pages.
1.
Our Services.
EYES OUT, Inc., is a game development studio in Los Angeles, made
from a combination of visionary exploration and musical collaboration. We have
a passionate team that believes in the powerful synergy that emerges from
music, narrative, and interactive experiences.
2.
Who
can use our services.
You may use our website only if
you can legally form a binding contract with us, and only in compliance with
these Terms and all applicable laws. When you create your EYES OUT account, you
must provide us with accurate and complete information. Any use or access by
anyone under the age of 13 is not allowed. You agree that we may automatically
update our website, and these Terms will apply to any updates.
3.
Disclaimers.
Our Service and all content on our
website is provided on an "as is" basis
without warranty of any kind, whether express or implied.
EYES OUT specifically disclaims any and all warranties and conditions of merchantability,
fitness for a particular purpose, and non-infringement, and any warranties
arising out of course of dealing or usage of trade.
If
you're a consumer in the EEA, we don’t exclude or limit any liability for gross
negligence, intent, or death or personal injury caused by our negligence or
willful misconduct.
4.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY
LAW, EYES OUT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER
INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER
INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO
ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE
SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR
ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL EYES OUT’S
AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED
U.S. DOLLARS (U.S. $100.00).
If we cause damage to you and you're a
consumer in the EEA, the above doesn’t apply. Instead, EYES OUT’s liability
will be limited to foreseeable damages arising due to a breach of material
contractual obligations typical for this type of contract. EYES OUT isn’t
liable for damages that result from a non-material breach of any other
applicable duty of care. This limitation of liability won’t apply to any
statutory liability that cannot be limited, to
liability for death or personal injury caused by our negligence or willful
misconduct, or if and to exclude our responsibility for something we have
specifically promised to you.
5.
Personal
and non-commercial use limitation.
Unless
otherwise specified, the Services are for your personal and non-commercial use.
You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products, or services obtained from the Services.
6.
Privacy
and personal information protection.
We are committed to protecting your personal
information and any information we collect. Please see our Privacy Policy
relating to the collection and use of your information, which includes your
right to opt out of any data collection.
7.
Copyrights.
The copyright and other intellectual property
rights in all material on our website are owned by us or our licensors and must
not be reproduced without prior written consent.
8.
Links to our website and to third party sites.
If you
wish to create a link to our Website
on your site, you must not replicate or recreate any part of our website, and
must not imply we are endorsing any services, goods, or beliefs; you must not
misrepresent your relationship with us or present any false or misleading
information about us; you must not link from a website that is not owned or
legally controlled by you; you are prohibited from linking to our website if
your website contains or promotes content that is offensive, controversial,
profane, or infringes on anyone’s rights, including any intellectual property
rights. In the event you link to our website, you shall be liable for any
damage suffered by us or our third-party affiliates as a
result of any breach of this section and these Terms. Any links to third party sites are not under our control and
we are not responsible for the contents of any linked site or any links on
linked sites.
9.
Your account.
If you open an account, you must complete the registration process
by providing us with current, complete and accurate
information. You also will choose a password and a username. You are
responsible for maintaining the confidentiality of your password and account.
You agree you will notify EYES OUT immediately in the event of any unauthorized
use of your account or any other breach of security. We will not be liable for
any loss that you may incur as a result of someone
else using your password or account, either with or without your knowledge.
10. Prohibited Uses.
You are prohibited from using our Website
any unlawful purpose or any purpose prohibited by these Terms. You are
prohibited from using the Services in any way that could damage, or impair our
server, or interfere with any other party’s use of our Site.
11.
Termination of Use.
You understand and agree that we may
terminate or suspend your access to all or part of our Website
for any reason, and without notice, including your violation or suspected
violation of these Terms.
12. Governing Jurisdiction.
These Terms shall be governed by and
construed in accordance with California law. By using our website
you agree that any dispute arising in connection with your use of our website
are subject to the exclusive jurisdiction of the state or federal courts in Los
Angeles, County California.
13. Contact
us.
If you have questions or
concerns about Terms, please reach out to us as follows:
ATTN: C. Thompson,
Production Director
Latest Revision: August 11,
2021