Terms of Service

6/1/23

Introduction

Welcome to Feast Your Eyes, Incorporated (“Feast Your Eyes”, “FYE”, “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. 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 [email protected]

Legal Notice

Please mail any legal notice to:

Corporation Service Company

251 Little Falls Drive

Wilmington, Delaware 19808

General

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.

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.

Privacy Policy

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.

Content and Intellectual Property Rights

All copyright, trademarks, design rights, patents, and other intellectual property rights (registered and unregistered) on and 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.

“Feast Your Eyes™”, the Feast Your Eyes, Inc. design, our site names and logos, as well as certain other names, logos, and materials displayed in our services constitute trademarks, trade names, service marks or logos (“Marks”) of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Feast Your Eyes, Inc. also claims trademark right for the following: “FYE™”, “Feast™”, and “Eat, Drink, and Be Merry™”.

Limitation of Liability

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.

User Submitted Content

Our website lets 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.

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.

The content and materials on our services are meant for general information, discussion, education, and entertainment. Don’t assume we’ve endorsed or verified such content. The content is provided “as is,” and any reliance on it is strictly at your own risk. By submitting User Content, you promise that our use of your submissions doesn’t infringe any third-party rights, including intellectual property, privacy, publicity, or any other legal or moral rights.

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.

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:

[email protected]

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;
  • 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
  • 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.

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.

Trademark Rights

Feast Your Eyes, or its licensors, owns all rights related to product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services. These rights are protected under national and international trademark and copyright laws from reproduction, imitation, dilution, or confusing or misleading uses. Even if these trademarks appear in large print or with a trademark symbol, their use or misuse is strictly prohibited, except as explicitly permitted herein. Nothing on the Services grants or confers to you any license or rights under any patent or trademark of Feast Your Eyes, its affiliates, or any third party.

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.

Limitation of Liability

IN NO EVENT WILL FEAST YOUR EYES OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FEAST YOUR EYES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FEAST YOUR EYES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, subcontractors or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any unforeseeable, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, business, business interruption, business opportunity goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the Services. We will not be liable for damages which you could have avoided by following our advice, including to apply an update, patch or error correction offered to you free of charge or to have in place the minimum system requirements advised by us. We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these Terms that is caused by any event or circumstances beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider’s network.

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.

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.

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.

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. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party”.

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.

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.

We will not assist anyone who is rude or unprofessional with our staff.

No 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.

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.

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