Eye On The 503 Terms of Service

Last modified: August 21, 2008

Welcome to Eye On The 503!

1. Your relationship with Eye On The 503

1.1 Your use of Eye On The 503’s software, services and web sites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and Eye On The 503. This document explains how the agreement is made up, and sets out the terms of that agreement.

1.2 Unless otherwise agreed in writing with Eye On The 503, your agreement with Eye On The 503 will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Terms”.

1.3 The Terms form a legally binding agreement between you and Eye On The 503 in relation to your use of the Services. It is important that you take the time to read them carefully.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by Eye On The 503 in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that Eye On The 503 will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Eye On The 503, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Terms for your records.

3. Language of the Terms

3.1 Where Eye On The 503 has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Eye On The 503.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Provision of the Services by Eye On The 503

4.1 Eye On The 503 is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Eye On The 503 provides may change from time to time without prior notice to you.

4.2 As part of this continuing innovation, you acknowledge and agree that Eye On The 503 may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Eye On The 503’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Eye On The 503 when you stop using the Services.

4.3 You acknowledge and agree that if Eye On The 503 disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4.4 You acknowledge and agree that while Eye On The 503 may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Eye On The 503 at any time, at Eye On The 503’s discretion.

5. Use of the Services by you

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Eye On The 503 will always be accurate, correct and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Eye On The 503, unless you have been specifically allowed to do so in a separate agreement with Eye On The 503. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.5 Unless you have been specifically permitted to do so in a separate agreement with Eye On The 503, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.6 You agree that you are solely responsible for (and that Eye On The 503 has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Eye On The 503 may suffer) of any such breach.

6. Your passwords and account security

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to Eye On The 503 for all activities that occur under your account.

6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Eye On The 503 immediately at http://www.eyeonthe503.com/contact.

7. Privacy and your personal information

7.1 For information about Eye On The 503’s data protection practices, please read Eye On The 503’s privacy policy at http://www.eyeonthe503.com/privacy. This policy explains how Eye On The 503 treats your personal information, and protects your privacy, when you use the Services.

7.2 You agree to the use of your data in accordance with Eye On The 503’s privacy policies.

8. Content in the Services

8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Eye On The 503 (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Eye On The 503 or by the owners of that Content, in a separate agreement.

8.3 Eye On The 503 reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Eye On The 503 may provide tools to filter out inappropriate content.

8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

8.5 You agree that you are solely responsible for (and that Eye On The 503 has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Eye On The 503 may suffer) by doing so.

9. Proprietary rights

9.1 You acknowledge and agree that Eye On The 503 (or Eye On The 503’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Eye On The 503 and that you shall not disclose such information without Eye On The 503’s prior written consent.

9.2 Unless you have agreed otherwise in writing with Eye On The 503, nothing in the Terms gives you a right to use any of Eye On The 503’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Eye On The 503, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and any Eye On The 503 brand feature use guidelines which may be developed.

9.4 Other than the limited license set forth in Section 10, Eye On The 503 acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Eye On The 503, you agree that you are responsible for protecting and enforcing those rights and that Eye On The 503 has no obligation to do so on your behalf.

9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

9.6 Unless you have been expressly authorized to do so in writing by Eye On The 503, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

10. Content license from you

10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Eye On The 503 a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Eye On The 503 to display, distribute and promote the Services.

10.2 You agree that this license includes a right for Eye On The 503 to make such Content available to other companies, organizations or individuals with whom Eye On The 503 has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

10.3 You understand that Eye On The 503, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Eye On The 503 to take these actions.

10.4 You confirm and warrant to Eye On The 503 that you have all the rights, power and authority necessary to grant the above licence.

11. Ending your relationship with Eye On The 503

11.1 The Terms will continue to apply until terminated by either you or Eye On The 503 as set out below.

11.2 If you want to terminate your legal agreement with Eye On The 503, you may do so by (a) notifying Eye On The 503 at any time and (b) closing your accounts for all of the Services which you use, where Eye On The 503 has made this option available to you. Your notice should be sent, in writing, to Eye On The 503 through the standard contact form.

11.3 Eye On The 503 may at any time, terminate its legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) Eye On The 503 is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) the partner with whom Eye On The 503 offered the Services to you has terminated its relationship with Eye On The 503 or ceased to offer the Services to you; or

(D) Eye On The 503 is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(E) the provision of the Services to you by Eye On The 503 is, in Eye On The 503’s opinion, no longer viable.

11.4 Nothing in this Section shall affect Eye On The 503’s rights regarding provision of Services under Section 4 of the Terms.

11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Eye On The 503 have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

12. EXCLUSION OF WARRANTIES

12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT EYE ON THE 503’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

12.3 IN PARTICULAR, EYE ON THE 503 AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EYE ON THE 503 OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

12.6 EYE ON THE 503 FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13. LIMITATION OF LIABILITY

13.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT EYE ON THE 503 AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II) ANY CHANGES WHICH EYE ON THE 503 MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(IV) YOUR FAILURE TO PROVIDE EYE ON THE 503 WITH ACCURATE ACCOUNT INFORMATION;

(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

13.2 THE LIMITATIONS ON EYE ON THE 503’S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT EYE ON THE 503 HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

14. Copyright and trade mark policies

14.1 It is Eye On The 503’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.

15. Advertisements

15.1 Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

15.2 The manner, mode and extent of advertising by Eye On The 503 on the Services are subject to change without specific notice to you.

15.3 In consideration for Eye On The 503 granting you access to and use of the Services, you agree that Eye On The 503 may place such advertising on the Services.

16. Other content

16.1 The Services may include hyperlinks to other web sites or content or resources. Eye On The 503 may have no control over any web sites or resources which are provided by companies or persons other than Eye On The 503.

16.2 You acknowledge and agree that Eye On The 503 is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

16.3 You acknowledge and agree that Eye On The 503 is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

17. Changes to the Terms

17.1 Eye On The 503 may make changes to the Terms from time to time. When these changes are made, Eye On The 503 will make a new copy of the Terms available at http://www.eyeonthe503.com/terms.

17.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Eye On The 503 will treat your use as acceptance of the updated Terms.

18. General legal terms

18.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

18.2 The Terms constitute the whole legal agreement between you and Eye On The 503 and govern your use of the Services (but excluding any services which Eye On The 503 may provide to you under a separate written agreement), and completely replace any prior agreements between you and Eye On The 503 in relation to the Services.

18.3 You agree that Eye On The 503 may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

18.4 You agree that if Eye On The 503 does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Eye On The 503 has the benefit of under any applicable law), this will not be taken to be a formal waiver of Eye On The 503’s rights and that those rights or remedies will still be available to Eye On The 503.

18.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

18.6 The Terms, and your relationship with Eye On The 503 under the Terms, shall be governed by the laws of the State of Oregon without regard to its conflict of laws provisions. You and Eye On The 503 agree to submit to the exclusive jurisdiction of the courts located within the county of Clackamas, Oregon to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Eye On The 503 shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.