INTRODUCTION
Welcome to Feast Your Eyes, Incorporated (“Feast Your Eyes”, “FYE”, “Company”, “we”, or “us”). These Terms of Service (“Terms”) govern your use of our website located at www.feastyoureyes.com and forms a binding contractual agreement between you, the user of the website, and us, Feast Your Eyes. Please read these Terms carefully before accessing or using our services. Your use of the Services indicates that you agree to follow and be bound by the Terms.
By using this site, our mobile applications, or other services on any of our mediums (collectively, the “Services”), you signify your understanding and acceptance of these terms and conditions. By using our services, you confirm that you are at least 18 years old or have parental/guardian consent to use our platform.
These Terms and Conditions form a legally binding agreement between you and Feast Your Eyes.
If you do not agree to these terms and conditions, please do not access our site.
If you wish to contact Feast Your Eyes, please email info@feastyoureyes.com
LEGAL NOTICE
Please mail any legal notice to:
Corporation Service Company
251 Little Falls Drive
Wilmington, Delaware 19808
GENERAL Terms
1. Subject to Change
We may change the Terms or modify any features of the Services at any time at our sole discretion. If you continue to use the Services after changes are posted, you will be deemed to have accepted the change.
2. Registration
To use certain features of our site, you must register with Feast Your Eyes. During registration, you agree to provide true, accurate, current, and complete information about yourself. By using the website or services, you represent and warrant that you are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law. Any individual using the website or services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company.
3. Privacy Policy
Your privacy is important to us. By using Feast Your Eyes, you agree to our Privacy Policy. Data collected from your usage may be used to improve our AI algorithms and enhance our services. Sensitive or personally identifiable information will never be shared without your consent, except as required by law. Our privacy policy, which sets out how we will use your information, can be found at our Privacy Policy Page. By using this website, you consent to the processing of information as described therein and warrant that all data provided by you is accurate.
4. Content and Intellectual Property
All content, designs, and AI algorithms provided by Feast Your Eyes are the intellectual property of Feast Your Eyes.
You may not duplicate, copy, distribute, or exploit any part of our services without prior written consent. All copyright, trademarks, design rights, patents, and other intellectual property rights (registered and unregistered) on Feast Your Eyes belong to Feast Your Eyes and/or third parties. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Feast Your Eyes content in any way except for your own personal, non-commercial use.
4.1. Ownership of Trademarks. Feast Your Eyes, Inc. owns and retains all right, title, and interest in and to the names, logos, slogans, and other marks used on this website, including but not limited to FEAST YOUR EYES™, FYE™, FEAST™, and EAT, DRINK, AND BE MERRY™ (the “Company Trademarks”). All Company Trademarks are protected by U.S. and international trademark laws and other intellectual property laws. Nothing in these Terms of Use or on the Site shall be construed as granting, by implication or otherwise, any license or right to use any Company Trademark without the Company’s express prior written permission. All goodwill derived from use of the Company Trademarks inures to the benefit of the Company.
4.2 No Unauthorized Use. You must not use, reproduce, distribute, or display any of the Company Trademarks – or any name, mark, logo, slogan, domain name, or other designation that is confusingly similar to them – in any manner, except with the Company’s prior written consent. This prohibition includes, without limitation, using our trademarks/meta tags or hidden text, using our marks in connection with any product or service not offered by the Company, or in any way that is likely to cause confusion or dilute the distinctive quality of our marks.
4.3 No Registration of Similar Names. You agree not to register or attempt to register any trademark, service mark, trade name, business name, internet domain name, social media handle, or other identifier that includes, imitates, or is confusingly similar to any of the Company Trademarks. Any such action will be deemed a material breach of these Terms.
4.4 No Affiliation or Endorsement Claim You must not use any Company Trademark in any manner that misrepresents or implies an affiliation with, endorsement by, or sponsorship from the Company when no such relationship exists. You may not hold yourself or your business out as having any partnership or association with [Feast Your Eyes, Inc.], and you shall not use our Trademarks in advertising, marketing, or publicity in a way that could cause confusion about the source of goods or services.
4.5 Acknowledgment of Rights; No Challenges. You acknowledge that the Company is the exclusive owner of the Company Trademarks and all goodwill associated with those marks. You further agree that you will not challenge, oppose, or seek to invalidate the Company’s rights in any of the Company Trademarks, nor assist any other person in doing so.
4.6 Ownership & No License Clause. Feast Your Eyes, or its licensors, own all right, title, and interest in and to the names, logos, slogans, trade dress, product packaging, and other source identifiers used on or in connection with the Site and our services, including without limitation FEAST YOUR EYES™, FEAST™, FYE™, and EAT, DRINK, AND BE MERRY™ (collectively, the “Company Trademarks”). All goodwill arising from use of the Company Trademarks inures exclusively to the Company. The Company Trademarks are protected under U.S. and international laws against reproduction, imitation, dilution, and confusing or misleading uses. Nothing on the Site or in these Terms grants any license or right to use any Company Trademark by implication, estoppel, or otherwise, without the Company’s prior written permission.
(Cross-references: see “No Unauthorized Use of Trademarks,” “No Registration of Similar Names or Domains,” “No Affiliation or Misrepresentation,” “Acknowledgment; No-Challenge,” and “Enforcement; Injunctive Relief.”)
4.7 Enforcement; Injunctive Relief. You understand that any breach of the above provisions (Sections 4.1–4.7) will cause immediate and irreparable harm to the Company’s rights and reputation, for which monetary damages alone would be an inadequate remedy. Accordingly, in the event of such a breach, the Company will be entitled to immediate injunctive relief (including temporary, preliminary, and permanent injunctions) to stop the unauthorized use of its trademarks, without the requirement to post bond, in addition to any other rights and remedies available at law or in equity. You also agree that, if you breach these Terms by infringing our intellectual property, you will reimburse the Company for any losses, damages, or costs (including reasonable attorneys’ fees) incurred as a result of your breach.
5. Limitation of Liability
Feast Your Eyes is provided “as is” without warranties of any kind.
While we strive for accuracy, our AI outputs are not guaranteed to be error-free or appropriate for all use cases.
To the fullest extent permitted by law, Feast Your Eyes excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits, damage caused to your computer, computer software, systems and programs, and the data thereon and any other direct or indirect, consequential, and incidental damages.
6. User Submitted Content
Our website may let users post content such as text, images, audio, video, or links to other sites (known as “User Content”). This means you may come across content posted by people not associated with our company, Agents and Corporations. We don’t officially support these individuals or their content, nor are we connected to what they post or link to from our site. Agents and Corporations, its affiliates, and their staff aren’t responsible or liable for any issues that arise from these individuals’ materials or actions.
While we don’t claim ownership over content our users submit, when you post to our services, you’re giving us permission to show and distribute your content through our services and our partner publications. We can also use your content for promotional and marketing efforts, according to our Submission Guidelines. Specifically, you’re providing us a royalty-free, irrevocable, perpetual, worldwide, exclusive, and fully sub-licensable license to reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display, and otherwise use your content, entirely or in part, in any medium or technology now or developed in the future.
7. Our Copyrights and Compilation
We own all compilation, collective, or derivative works we create using or incorporating your content (excluding your original content). If you use a feature on our services allowing users to share, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, right and license in the universe to use, reproduce, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. These rights continue even after the termination of these terms.
We may allow a user to post photograph(s), videos, and other visual content on-line (“Visual Content”). The submission of Visual Content is governed by the terms of this Agreement, including, without limitation, your agreement regarding your use of Interactive Areas. In submitting Visual Content and clicking the “I agree” box on the submission form, you represent and warrant that: (1) you are the person in the Visual Content or are the owner of the Visual Content and consent to the Uses of the Visual Content by the Sites; (2) you are thirteen (13) years of age or over; (3) you have submitted the Visual Content using your legal name and accurate personal information and consent to the Uses; (4) you are either the holder of the copyright in the Visual Content or are an authorized licensee of the copyright in the Visual Content and grant to the Sites, their licensees, successors and assigns, the right to publish and display the Visual Content in connection with the Uses; and (5) you have the legal right and power to agree to the use of Visual Content and grant Feast Your Eyes the right to use the Visual Content.
In addition, you expressly release Feast Your Eyes and their licensees, successors and assigns from any privacy, defamation and any other claims you may have for the use of any Visual Content submitted to the Feast Your Eyes. If you see objectionable Visual Content or have any questions about this Agreement, please contact us.
8. Copyright Infringement and DMCA
Feast Your Eyes respects the rights of artists, photographers, and authors of creative content and works, and takes seriously the potential infringement of the rights prescribed under the United States Digital Millennium Copyright Act (“DMCA”). If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to:
Copyright Agent
2514 Wanakah Ridge Dr,
Cedar Park, TX 78613
or to:
Copyright@feastyoureyes.com
Please provide our copyright agent with the following information in writing:An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
Your contact information such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
9. PROHIBITED CONTENT
You must not use our Services in a way that harms us or anyone else, disrupts their operation, or breaches any laws. For example, but not limited to, you must not:
Post content that goes against these Terms, including our Submission Guidelines.
- Use our Services’ content in a way that infringes on our rights or the rights of other users or third parties, such as copyright infringement.
- Access parts of the Services not authorized for you, or try to bypass any restrictions on your use or access of the Services.
- Copy, modify, distribute, publish, perform, or create derivative works from any part of our Services, unless it’s your own content, or if you’re expressly authorized to do so. You can download material from the Services only for personal use, like making a single digital copy or one print copy of occasional articles of personal interest.
- Distribute any part of the Services over any network, including a local area network, nor sell or offer it for sale. You must not use these files to build any kind of database.
- Engage in unauthorized data collection, like “scraping,” “spidering,” or using any unauthorized methods to gather information.
- Overburden our network or infrastructure with unreasonable or disproportionately large loads.
- Use any device, software, or routine to interfere or attempt to interfere with our Services or any activity conducted on them.
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (like browsers, spiders, robots, avatars, or intelligent agents) to navigate or search our Services, other than the search engine and search agents we provide, and other than generally available third-party web browsers.
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software that forms part of the Services.
- Engage in any behavior that stops or discourages others from using or enjoying the Services.
- Take any action that violates or threatens the security of our system or network.
Breaching these Terms could result in legal consequences. We might investigate these breaches, and we could work with law enforcement to prosecute users who violate these Terms.
10. DISCLAIMER
This website, our services and the Agents and Corporations Content and User Content are provided “as is” without any warranty of any kind. No representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of this website, our services or the Agents and Corporations Content or any User Content. There may be delays, omissions, interruptions, and inaccuracies in the information, content, or other materials available through our Services. Feast Your Eyes disclaims to the maximum extent permitted by law any and all such representations and warranties. If you rely on the services, you do so solely at your own risk. There is no warranty that the Services will meet your needs or requirements, or requirements of any other person.
Feast Your Eyes makes no warranties or representations, express or implied, (A) that the information provided through the services will be free from error, omission, interruptions, defect, or delay in operation, or from technical inaccuracies or typographical errors, (B) that the services will be available at any particular time or location, or (C) that defects or errors will be corrected. Any information on the services is subject to change without notice, and Feast Your Eyes disclaims all responsibility for the services. We reserve the right to correct any errors or omissions in the services.
11. limitation of liability
This website, our services and the Agents and Corporations Content and User Content are provided “as is” without any warranty of any kind. No representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of this website, our services or the Agents and Corporations Content or any User Content. There may be delays, omissions, interruptions, and inaccuracies in the information, content, or other materials available through our Services. Feast Your Eyes disclaims to the maximum extent permitted by law any and all such representations and warranties. If you rely on the services, you do so solely at your own risk. There is no warranty that the Services will meet your needs or requirements, or requirements of any other person.
Feast Your Eyes makes no warranties or representations, express or implied, (A) that the information provided through the services will be free from error, omission, interruptions, defect, or delay in operation, or from technical inaccuracies or typographical errors, (B) that the services will be available at any particular time or location, or (C) that defects or errors will be corrected. Any information on the services is subject to change without notice, and Feast Your Eyes disclaims all responsibility for the services. We reserve the right to correct any errors or omissions in the services.
12. EXTERNAL LINKS
Through this website, you may be able to link to other websites which are not under the control of Feast Your Eyes. We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them.
13. Amendments
Feast Your Eyes reserves the right to change these Terms and Conditions at any time. Any amendments will be effective immediately upon posting and notification on this website. By continuing to use the website after such notification, you’re agreeing to the updated Terms and Conditions.
14. Exclusions and limitations
Certain jurisdictions may not permit some warranties to be excluded or liability for incidental or consequential damages to be limited or excluded. As a result, some of the limitations and disclaimers above might not apply to you. Where we can’t disclaim any implied warranty or limit our liabilities due to local laws, the scope and duration of such warranty and our liability will be the minimum allowed under those laws.
15. Indemnification
You agree to indemnify, defend, and hold harmless us, our parent companies, subsidiaries, affiliates, officers, directors, employees, consultants, subcontractors and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorney fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms.
16. Jurisdiction and governing law
This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the State of Delaware including its statutes of limitations [without regard to any borrowing statute that would result in the application of the statute of limitations of any other jurisdiction].
By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
17. termination
We reserve the right to reject, suspend, restrict, or terminate working with any person, business, or entity at our discretion, without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
18. partnership
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Feast Your Eyes as a result of these Terms or your access to and use of the Services.
19. severability
Unless otherwise specified herein, the Terms constitute the entire agreement between you and Feast Your Eyes and govern your use of the Services.
If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.