services of Image Vision Labs, Inc. (“ImageVision”), you are agreeing to be bound
by the following terms and condition (“Terms of Service”).
The EyeGuardian website provides a hosted visual image filtering service (“Service”)
operated by Image Vision Labs, Inc. (“ImageVision”). Any use of the Service is subject
use, or access any part of the EyeGuardian web Service, you agree that you have
read, understood, and agree to be bound by the these Terms and Conditions concerning
your use of the Service.
Violation of any of the terms below will result in the termination of your Account.
You understand and agree that ImageVision cannot be responsible for the Content
posted on the Service or Facebook account and you nonetheless may be exposed to
such materials. You agree to use the Service at your own risk.
To obtain access to use the Service for trial use, or purchase for commercial use,
you must first register with ImageVision either through the Website. After registering,
you must complete the trial request or purchase process administered by ImageVision
and the applicable payment processor. After obtaining or purchasing Service, you
will be authorized to use the Service in accordance with these Terms and Conditions
and the instructions provided by ImageVision.
- Your use of the Service is at your sole risk. The service
is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account
holders and is only available via email.
- You understand that ImageVision uses third party vendors
and hosting partners to provide the necessary hardware, software, networking, storage,
and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify
another website so as to falsely imply that it is associated with the Service, ImageVision,
EyeGuardian, or any other ImageVision service.
- You agree not to reproduce, duplicate, copy, sell, resell
or exploit any portion of the Service, use of the Service, or access to the Service
without the express written permission by ImageVision.
- We may, but have no obligation to, remove Content and
Accounts containing Content that we determine in our sole discretion are unlawful,
offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including
threats of abuse or retribution) of any ImageVision customer, employee, member,
or officer will result in immediate account termination.
- You understand that the technical processing and transmission
of the Service, including your Content, may be transferred unencrypted and involve
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or
- ImageVision does not warrant that
- the Service will meet your specific requirements,
- the Service will be uninterrupted, timely, secure, or
- the results that may be obtained from the use of the
Service will be accurate or reliable,
- the quality of any products, services, information,
or other material purchased or obtained by you through the Service will meet your
- any errors in the Service will be corrected.
- You expressly understand and agree that ImageVision
shall not be liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if ImageVision has been advised
of the possibility of such damages), resulting from:
- the use or the inability to use the Service;
- the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or obtained or
messages received or transactions entered into through or from the Service;
- unauthorized access to or alteration of your transmissions
- statements or conduct of any third party on the Service;
- or any other matter relating to the Service.
- The failure of ImageVision to exercise or enforce any
right or provision of the Terms of Service shall not constitute a waiver of such
right or provision. The Terms of Service constitutes the entire agreement between
you and ImageVision and govern your use of the Service, superseding any prior agreements
between you and ImageVision (including, but not limited to, any prior versions of
the Terms of Service).
- Questions about the Terms of Service should be sent
You represent and warrant that the information you provide to
ImageVision in connection with our registration process is true and accurate, and
that you will promptly notify ImageVision if any of that information changes. You
also agree to provide such information as ImageVision reasonably requests to verify,
clarify or update your registration information. ImageVision may use the information
that you provide during the registration process:
- to communicate with you about the Service, including
- respond to your emails to us regarding Service;
- to enhance or improve the Service; and
ImageVision may terminate your access to and use of all of the ImageVision Website
if you provide false or inaccurate information.
- You must provide your legal full name, a valid email
address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of
your account and password. ImageVision cannot and will not be liable for any loss
or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity
that occurs under your account (even when Content is posted by others who have accounts
under your account).
- One person or legal entity may not maintain more than
one free account.
- You may not use the Service for any illegal or unauthorized
purpose. You must not, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
If you obtain or purchase Service, you are responsible for maintaining the security
of your account, and you are fully responsible for all activities that occur under
its use or your related ImageVision account, and any other actions taken in connection
with your Service. You must immediately notify ImageVision of any unauthorized uses
of your account or any other breaches of security. ImageVision will not be liable
for damages or any other consequence of any acts or omissions by you or anyone else
using your account.
4. Commercial Use Plans, Fees and Payment. Top If you purchase Service from
ImageVision, you may choose from:
- a single user plan; or
- a multi-User plan at a discounted per user rate.
- ImageVision will invoice you in advance for the plan in which you buy.
- You agree to pay ImageVision the service fees as indicated in the Payment
Schedule presented to you when purchasing Service in accordance with the number
of users chosen.
h) ImageVision reserves the right to change the payment terms and fees upon
thirty (30) days prior written notice to you.
i) Your continued use of the Service constitutes your acceptance of all of
the changed payment and fee terms.
j) A valid credit card is required for paying accounts.
k) All fees are exclusive of all taxes, levies, or duties imposed by taxing
authorities, and you shall be responsible for payment of all such taxes, levies,
or duties, excluding only United States (federal or state) taxes.
l) For any upgrade or downgrade in plan level, your credit card that you provided
will automatically be charged the new rate on your next billing cycle.
m) Downgrading your Service may cause the loss of Content, features, or capacity
of your Account.
n) ImageVision does not accept any liability for such loss.
ImageVision, EyeGuardian, ImageVisionLabs.com, the ImageVision logo, EyeGuardian
logo, and all other trademarks, service marks, graphics and logos used in connection
with ImageVisionLabs.com, or the Website are trademarks or registered trademarks
of ImageVision or ImageVision licensors. Other trademarks, service marks, graphics
and logos used in connection with the Website may be the trademarks of other third
parties. Your use of the Service grants you no right or license to reproduce or
otherwise use any ImageVision or third-party trademarks
ImageVision may in its sole discretion change, modify, suspend, make improvements
to or discontinue any aspect of the Service, including but not limited to these
any time and without notice to you. You are bound by any such updates or changes,
including but not limited to those affecting these Terms and Conditions, and so
should periodically review these Terms and Conditions. Under no circumstances will
ImageVision be liable for any such change, modification, suspension, improvement
or discontinuance. If you do not agree with any of these changes, you may terminate
your account as set forth in Section 14. You can review the most current version
of the Terms of Service at any time at: http://www.eyeguardian.com/terms.html
All notices and other communications to ImageVision required under this Agreement
should be directed to the ImageVision contact page. All notices and other communications
to you from ImageVision under this Agreement may be directed to the email or other
addresses provided by you during the registration process. Notice by email shall
be deemed given twenty-four (24) hours after notice is sent. Alternatively, we may
give notice by mail to the address provided during the registration process. In
such case, notice is deemed given three (3) days after the date of mailing.
8. Commercial Use Plans, Fees and Payment. Top
Service is provided “as is”, and ImageVision, its suppliers and its licensors make
no representations or warranties, express or implied, including but not limited
to warranties of merchantability, fitness for a particular purpose, title or non-infringement
of proprietary rights. ImageVision makes no representations and warranties regarding
uptime for the service and the accuracy of the service in identifying nudity, non-nudity,
or other content categorization returned by the service. You understand and agree
that you obtain services through the service at your own discretion and risk, and
that ImageVision, its suppliers and its licensors will have no liability or responsibility
for any damage to your computer system or data that results from the download or
use of the service. Some jurisdictions may not allow the exclusion of implied warranties,
so some of the above may not apply to you.
9. Disclaimer and limitation of liability of ImageVision, its
suppliers and its licensors. Top
In no event will ImageVision, its suppliers or its licensors be liable to you or
any other party for any direct, indirect, special, consequential or exemplary damages,
regardless of the basis or nature of the claim, resulting from any use of the service
including without limitation any lost profits, business interruption, loss of data
or otherwise, even if ImageVision, its suppliers or its licensors were expressly
advised of the possibility of such damages. In no event will the aggregate liability
for any and all of your claims against ImageVision, its suppliers and its licensors
arising out of or related to use of the service, or the contents thereof exceed
the amounts actually paid by you to ImageVision during the 6-month period prior
to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation
of liability for certain damages, so some of the above limitations may not apply
to you. You agree that this section 8 represents a reasonable allocation of risk.
10. General Representation and Warranty. Top
10. You represent and warrant that your use of the Service will be in accordance
laws and regulations, including without limitation any local laws or regulations
in your country, state, city, or other governmental area, regarding online conduct
and acceptable content, and including all applicable laws regarding the transmission
of technical data exported from the United States or the country in which you reside,
and with any other applicable policy or terms and conditions.
11. Indemnification Top
You agree to defend, indemnify and hold harmless ImageVision, its contractors and
its licensors, and their respective directors, officers, employees and agents from
and against any and all claims and expenses, including attorneys' fees, arising
out of your use of the Service, including but not limited to out of your violation
of any representation or warranty contained in these Terms and Conditions
ImageVision may terminate this Agreement, your rights under this Agreement, and
your access to and use of the Website and Service in its sole discretion, for any
reason or no reason at all, (including but not limited to failure to pay your fees),
with or without cause and without notice or liability to you or any third party.
Any termination of these Terms and Conditions automatically terminates the license
to use the Service. You may terminate these Terms and Conditions for any reason
upon thirty (30) days prior written notice to ImageVision.
that would by their nature survive such termination, including without limitation
those concerning intellectual property rights, disclaimers of warranties and limitations
of liability; representations, warranties and indemnity obligations; and general
14. Miscellaneous. Top
These Terms and Conditions constitute the entire agreement between ImageVision and
you concerning the subject matter hereof, and they may only be modified by a written
amendment signed by an authorized executive of ImageVision, or by the posting by
ImageVision of a revised version. Except to the extent applicable law, if any, provides
otherwise, these Terms and Conditions, any access to or use of the Service will
be governed by the laws of the state of Texas, U.S.A., excluding its conflict of
law provisions, and the proper venue for any disputes arising out of or relating
to any of the same will be the state and federal courts located in Collin County,
Texas. If any part of these Terms and Conditions is held invalid or unenforceable,
that part will be construed to reflect the parties' original intent, and the remaining
portions will remain in full force and effect. A waiver by either party of any term
or condition of these Terms and Conditions or any breach thereof, in any one instance,
will not waive such term or condition or any subsequent breach thereof. ImageVision
may assign its rights under these Terms and Conditions without condition. These
Terms and Conditions will be binding upon and will inure to the benefit of the parties,
their successors and permitted assigns.