Termsof Use
All use of the Jacob's Eye Patch web site, accessible at www.jacobseyepatch.com and related subdomains (collectively, the "Web site") is subject to the following terms and conditions and our Privacy Policy all of which are deemed a part of and included within these terms and conditions (collectively, the "Terms"). By accessing the Web site you are acknowledging that you have read, understand, and agree to be bound by these Terms.
These Terms represent a binding contract between you and Jacob's Eye Patch (which is operated by The Beth Kobliner Company, LLC, any of its respective principals, officers, shareholders, members, employees or agents are herein collectively referred to as "Jacob's Eye Patch" or "we"). These Terms are in addition to any other agreements between you and Jacob's Eye Patch. If you do not agree with any of these terms and conditions, please do not use this Web site.
Jacob's Eye Patch reserves the right to change, modify, add or remove portions of these Terms at any time for any reason. Such changes shall be effective immediately upon posting. You acknowledge by accessing our Web site after we have posted changes to this Agreement that you are agreeing to these Terms as modified.
TRADEMARKS, COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
Content on this Web site is provided for your personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Jacob's Eye Patch. In addition, you may not copy, distribute, modify, post, frame or deep link this Web site, including any text, graphics, video, audio, software code, user interface design or logos featured on this Web site. Jacob's Eye Patch hereby expressly reserves all rights not expressly granted in and to the Web site and its content. You may not input, distribute, upload, post, e-mail, transmit or otherwise make available any content through the Web site that is protected by copyright, trademark and/or other intellectual property rights owned by a third party without the express permission of such third party.
Jacob's Eye Patch may post third-party content on the Web site. You are responsible for determining whether any such third-party content is protected by intellectual property rights, and for obtaining the appropriate permission from such third party. You shall be solely liable for any and all liability for any type of damages including, but not limited to, indirect, incidental, consequential or special damages, or losses or expenses, resulting from any infringement of any intellectual property rights, or any other harm resulting from, your input, distribution, uploading, posting, e-mailing, transmission or otherwise making available any content through the Web site.
Jacob's Eye Patch allows you to submit content to be shared on the Web site. You hereby grant Jacob's Eye Patch a non-exclusive, irrevocable, perpetual, worldwide, royalty-free license to modify, copy, distribute, publicly perform, or otherwise use any and all content submitted by you to Jacob's Eye Patch.
USER CONDUCT
You may use the Web site for lawful purposes only. You may not commingle any portion of the Web site with any other information and may not edit, modify, or alter any portion of the Web site. In addition, you may not:
1. use or attempt to use any "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Web site, any data or content found on or accessed through the Web site, or any other Jacob's Eye Patch information without prior express written consent of Jacob's Eye Patch;
2. obtain or attempt to obtain through any means, any materials or information on the Web site that has not been intentionally made publicly available either by public display on the Web site or through accessibility by a visible link on the Web site;
3. violate or work around any measure employed to limit or prevent access to the Web site or its content;
4. violate the security of the Web site or attempt to gain unauthorized access to the Web site, data, materials, information, computer systems or networks connected to any server associated with the Web site, through hacking, password mining or any other means;
5. impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity;
6. interfere with, attempt to interfere with or otherwise disrupt the proper working of the Web site, any activities conducted on or through the Web site or any servers or networks connected to the Web site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Web site;
7. take or attempt to take any action that, in the sole discretion of Jacob's Eye Patch, imposes or may impose an unreasonable or disproportionately large load or burden on Jacob's Eye Patch or the infrastructure of the Web site; or
8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content you enter into the Web site.
USER CONTENT
You may not input, distribute, upload, post, e-mail, transmit or otherwise make available any content through the Web site that:
1. is promotional in nature, including solicitations for funds or business, or constitutes junk mail, spam, chain letters, pyramid schemes or the like, without the prior written authorization of Jacob's Eye Patch;
2. infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
3. you know is false, misleading, or inaccurate;
4. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
5. you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
7. is harmful to minors; or
8. constitutes personally identifiable information of any other person that such person has not authorized you to disclose.
CHILDREN UNDER 13
The Web site is intended for parents and allows for parents to submit and share information about their children on the Web site. You understand that if you submit any information to Jacob's Eye Patch for publication on the Web site, such information may be made public and accessed by third parties. Jacob's Eye Patch has no discretion or control over the acts of third parties who may access information you submitted for publication on the Web site. We will make reasonable efforts to remove any information about children that is personally-identifiable upon request. If you wish us to remove information which you submitted to the Web site, please email us at info@jacobseyepatch.com.
MONITORING
Jacob's Eye Patch shall have the right, but not the obligation, to monitor the content of this Web site, including user submissions, chat rooms, forums and comment areas, to determine compliance with these Terms and any operating rules or guidelines established by Jacob's Eye Patch, and to satisfy any law, regulation or authorized government request. Jacob's Eye Patch shall have the right, but not the obligation, to edit, refuse to post or remove any material submitted to or posted on this Web site. Without limiting the foregoing, Jacob's Eye Patch shall have the right to remove any material in its sole discretion.
INDEMNIFICATION
You agree to indemnify Jacob's Eye Patch from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which Jacob's Eye Patch may incur as a result of either: (i) your breach of these Terms; or (ii) content that you input, distribute, upload, post, e-mail, transmit or otherwise make available through Jacob's Eye Patch. Jacob's Eye Patch reserves the right, in its sole discretion, to assume the exclusive defense and control of any such matter for which you have agreed to indemnify Jacob's Eye Patch, in which event you shall have no further obligation to indemnify with respect to that particular matter.
DISCLAIMER
THE WEB SITE AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE WEB SITE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EVERYDAY HEALTH, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE WEB SITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE WEB SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEB SITE AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE WEB SITE ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEB SITE.
PRIVACY POLICY
To review the Jacob's Eye Patch Privacy Policy, click here.
TERM AND TERMINATION
Jacob's Eye Patch shall have the right to immediately terminate your access to the Web site in the event of any breach by you of these Terms. Jacob's Eye Patch may discontinue or change this Web site, or its availability to you, at any time and for any reason.
GENERAL
The failure of Jacob's Eye Patch to insist upon strict compliance with these Terms shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. You may not assign your rights or obligations under these Terms to anyone. If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These Terms shall be governed by the laws of the United States of America and the laws of the State of New York applicable to agreements made and to be performed entirely within such state, without regard to the conflict of law principles of such state. You hereby submit freely to the exclusive jurisdiction of the state and federal courts located in the Southern District of the State of New York and hereby irrevocably waive all defenses of lack of personal jurisdiction and forum non-conveniens.
Dated: June 1, 2013