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Terms of use – EyeGuardian Service

ACCEPTANCE OF TERMS OF USE: By using the EyeGuardian.com Website (“Service”), all 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 to the following Image Vision Labs Terms of Use (“Terms and Conditions”) and the ImageVision Privacy Policy. When you use the EyeGuardian service for trial or commercial 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.

1. General. Top
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.

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve
    1. transmissions over various networks; and
    2. changes to conform and adapt to technical requirements of connecting networks or devices.
  9. ImageVision does not warrant that
    1. the Service will meet your specific requirements,
    2. the Service will be uninterrupted, timely, secure, or error-free,
    3. the results that may be obtained from the use of the Service will be accurate or reliable,
    4. the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and
    5. any errors in the Service will be corrected.
  10. 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:
    1. the use or the inability to use the Service;
    2. 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;
    3. unauthorized access to or alteration of your transmissions or data;
    4. statements or conduct of any third party on the Service;
    5. or any other matter relating to the Service.
  11. 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).
  12. Questions about the Terms of Service should be sent to support@ImageVision.com

2. Registration. Top
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:

  1. to communicate with you about the Service, including without limitation, any changes to these Terms of Use, the ImageVision Privacy Policy (“Privacy Policy”) or other policies;
  2. respond to your emails to us regarding Service;
  3. to enhance or improve the Service; and
  4. for all other purposes stated in the Privacy Policy. ImageVision may terminate your access to and use of all of the ImageVision Website if you provide false or inaccurate information.
  1. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  2. 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.
  3. 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).
  4. One person or legal entity may not maintain more than one free account.
  5. 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).

3. Security. Top

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:

  1. a single user plan; or
  2. a multi-User plan at a discounted per user rate.
  3. ImageVision will invoice you in advance for the plan in which you buy.
  4. 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.

5. Trademarks. Top

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

6. Changes. Top

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 Terms of Service and ImageVision’s Privacy Policy, temporarily or permanently, at 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

7. Top

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 with the ImageVision Privacy Policy, with these Terms and Conditions, with any applicable 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

12. Termination. Top

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.

13. Survival. Top

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 provisions.

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.