Terms of Use for Affiliates
TERMS OF SERVICE
Eyepartner corporation owns and operates the interactive multimedia communications websites, www.TikiLIVE.com, and certain co-branded versions of these sites under contract with other third parties (collectively “TikiLIVE”)..
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You may only use TikiLIVE pursuant to the TikiLIVE Terms of Service (this “Agreement”), which you accept by your use of TikiLIVE. EYEPARTNER reserves the right to modify or revise this Agreement at any time in its sole discretion. Any such modification to this Agreement shall be effective immediately upon being posted on TikiLIVE unless otherwise stated. You are legally bound by such modifications or revisions, and therefore you should regularly review the most current version of these terms. Your continued use of TikiLIVE following EYEPARTNER’s posting of any changes or modification to these Terms of Service will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of this Agreement, you should not continue to use TikiLIVE.
Description of Service
TikiLIVE provides access to various publishing and communication tools which can be used to publish, display, perform, transmit or otherwise distribute (hereinafter “Post”) information or content provided by a user, including, without limitation, messages, photographs, audio files, video files, and live streaming video (hereinafter “Content”) on the Internet. TikiLIVE includes the services provided by the TikiLIVE social networking website [www.TikiLIVE.com]
Charges
Use of the TikiLIVE social networking website and most Services are free. Certain services, including, without limitation, PayPerView services are available on a subscription basis and require a fee in accordance with the Fee Schedule associated with that Service. You agree that EYEPARTNER may charge to your credit card or other payment mechanism selected by you and approved by EYEPARTNER (“Your Account”) all amounts due and owing for the Services, if any, including Membership Fees, Setup Fees, Transaction Fees, or any other fee or charge associated with your use of the Services. EYEPARTNER may change prices at any time without prior notice. You agree that in the event EYEPARTNER is unable to collect the fees owed to EYEPARTNER for the Services through your Account, EYEPARTNER may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by EYEPARTNER in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that EYEPARTNER may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
Membership Eligibility
Certain features of TikiLIVE are only available to Members who have completed a membership application and registered a valid user name and password. Membership is available to anyone 14 years of age or older. You must be at least 18 years of age (or the minimum age of majority in your state), and able to form legally binding contracts if you wish to register for the PayPerView, and LiveCitizen services.
Your membership is solely for your personal use and is not transferable. You shall not authorize others to use your user name. EYEPARTNER reserves the right to cancel any Member account and user name at any time, for any reason, in its sole discretion.
User Name and Password
You must have a valid email address in order to register for a user name and password on TikiLIVE. When registering your user name and password, you may not (1) select or use a user name of another person with the intention of impersonating that person, (2) use the user name of anyone else without authorization, (3) use a user name in violation of the intellectual property rights of any person or entity, or (4) use a user name that EYEPARTNER considers in its sole discretion as being inappropriate.
You must have a valid email address in order to register for a user name and password on TikiLIVE. When registering your user name and password, you may not (1) select or use a user name of another person with the intention of impersonating that person, (2) use the user name of anyone else without authorization, (3) use a user name in violation of the intellectual property rights of any person or entity, or (4) use a user name that EYEPARTNER considers in its sole discretion as being inappropriate.
You are solely responsible for the use and maintenance of your user name and password. You may change your password at any time (by going to the TikiLIVE website home page and clicking on “Edit Profile”). You agree to notify EYEPARTNER of any unauthorized use of your account or any other breach of security, and to ensure that you exit from your account at the end of each session.
Inactive Status
You must use your user name on a regular basis by logging into TikiLIVE in order to keep your user name and membership active. EYEPARTNER may, without notification, cancel your membership and user name and delete the Content Posted by any Member who has not used such user name for a period of ninety (90) days. If your user name is cancelled, you will need to re-register for a membership and obtain a new user name to gain access to any registration based service of TikiLIVE.
Proprietary Rights in Content Created by EYEPARTNER
EYEPARTNER owns and retains all proprietary rights in TikiLIVE. The compilation of all Content on TikiLIVE is the exclusive property of EYEPARTNER (or its partners or Licensors). Except as otherwise provided in “User Content” below, all Content, including but not limited to text, software, music, sound, photographs, video, graphics, Java script code, and HTML code, presented to you on or through TikiLIVE by EYEPARTNER or EYEPARTNER’s affiliates and advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use this Content as expressly authorized by EYEPARTNER, its affiliate or the advertiser. You may not copy, reproduce, distribute, or create derivative works from this Content without the express written permission from EYEPARTNER, its affiliate or the advertiser. Content on TikiLIVE is provided to you AS IS for your information and personal 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 the respective owners. EYEPARTNER reserves all rights not expressly granted in and to the TikiLIVE and the Content.
Grant of License
As long as you are not in breach of any terms or conditions of this agreement, EYEPARTNER grants you a revocable, nontransferable, non- exclusive right and license to access and use TikiLIVE.as set forth in these Terms of Service.
You may access User Content for your information and personal use solely as intended through the provided functionality of TikiLIVE. You shall not copy or download any User Content unless you are provided the means to download that Content from EYEPARTNER or the owner of the Content.
No Commercial Use
You may not resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, or use to operate a website or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services. You shall not use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the websites, Services, or any network or networks connected to the Services or security systems.
EYEPARTNER's Rights in User Content
By Posting Content to TikiLIVE, you warrant and represent that you own the rights to that Content or are otherwise authorized to Post, display, perform, transmit, or otherwise distribute and sublicense that Content. If you are a TikiLIVE PayPerView Host, you also warrant and represent that you have the right to exploit that content. You or the owner of the Content retain ownership of all right, title, and interest in Content that you Post, display, perform, transmit, or otherwise distribute on TikiLIVE. However, you grant EYEPARTNER a license to use and distribute the Content you Post on TikiLIVE until a commercially reasonable time after you have deleted the Content. More specifically, by Posting, downloading, displaying, performing, transmitting, or otherwise distributing Content on TikiLIVE, you are granting EYEPARTNER, its, affiliates, and their subsidiaries, assigns, employees, agents and licensees the worldwide, royalty-free, sublicenseable and transferrable right to reproduce, display, distribute, adapt, prepare derivative works of, promote and perform that Content in any medium and through any media channel in connection with TikiLIVE business as well as the right to use throughout the universe your professional name, likenesses, other identifications, and biographical material concerning you which you have Posted to TikiLIVE, in connection with the advertising and promotion of TikiLIVE. This includes, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the Content, and to publish, disclose and use your name in connection with your Content. You will not be compensated by EYEPARTNER for any Content which you Post or for the use of your name or likeness used in accordance with the above. The above licenses granted by you terminate within a commercially reasonable time after you have deleted the Content.
Restrictions on Posting Content
You are solely responsible for all Content Posted by you and all Content Posted under your user name, including, without limitation, photographs, audio files, video files, and live streaming video, as well as any communication with other members via the TikiLIVE instant message service and TikiLIVE internal email service. You may use TikiLIVE for lawful purposes only. You may not Post or transmit, whether publicly or privately, any material that (a) is false, misleading, deceptive, deceitful, or constitutes “bait and switch”;(b) employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content Posted; (c) contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful programs; (d) harasses, threatens, or abuses another person; (e) is libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable; (f) violates any applicable law restricting the export or import of data, software, or any other content, or encourages conduct that would constitute a criminal offense; (g) gives rise to civil liability; (h) advertises or otherwise solicits funds or is a solicitation for goods or services, other than that which is incidental to your use of the PayPerView service; (i) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; or (j) otherwise violates any applicable local, state, national or foreign law or regulation.
Prohibited Uses
EYEPARTNER imposes certain restrictions on your permissible use of TikiLIVE. You are prohibited from violating or attempting to violate any security feature of TikiLIVE, including, without limitation, (a) accessing Content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of TikiLIVE or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using TikiLIVE to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging the TCP/IP packet header or any part of the header information in any email or in any Posting using TikiLIVE; or (f) attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by EYEPARTNER in providing TikiLIVE. Any violation of system or network security may subject you to civil and/or criminal liability. You also may not use TikiLIVE to stalk or harass anyone, Post irrelevant Content or repeatedly Post the same or similar Content.
Compliance with Intellectual Property Laws
When using TikiLIVE, you agree to obey the law and to respect the intellectual property rights of others. Your use of TikiLIVE is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any infringement of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your user name. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
Alleged Violations
EYEPARTNER reserves the right to terminate your use of TikiLIVE at any time with or without cause and with or without notice to you. To ensure that EYEPARTNER provides a high quality experience for you and for other users of TikiLIVE, you agree that EYEPARTNER may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of TikiLIVE. EYEPARTNER does not intend to disclose the existence or occurrence of such an investigation unless required by law, but EYEPARTNER reserves the right to terminate your account or your access to TikiLIVE and to delete all Content Posted therein, with or without notice to you, and without liability to you, if EYEPARTNER believes that you have violated any of the Terms of Service, furnished EYEPARTNER with false or misleading information, or interfered with use of TikiLIVE.
Reporting Certain Abuse to Law Enforcement
The TikiLIVE service is intended for use by a general audience including children as young as 14 years of age. Sexually explicit Content is strictly prohibited on TikiLIVE. The traffic data and personal information of TikiLIVE Members who Post sexually explicit material may be reported to law enforcement authorities for prosecution under applicable criminal laws.
EYEPARTNER fully complies with the Congressional mandate of 42 U.S.C. § 13032, which requires us to report to the National Center for Missing and Exploited Children, the facts and circumstances relating to sexually explicit Content and other criminal offenses involving children under the age of 18 which appears on TikiLIVE. This includes, but is not limited to, the Posting of sexually explicit material, (including without limitation, photos, videos, and live Webcasts) depicting children under the age of 18.
Other types of abuse and violations of our Terms of Service that may compromise the safety of our members, and which do not fall within the Congressional mandate of 42 U.S.C. § 13032 may be reported to local, national, or international law enforcement agencies in cooperation with the Virtual Global Taskforce.
No Duty to Monitor Content
EYEPARTNER, in its sole discretion shall have the right (but not the duty) to monitor the Content Posted on TikiLIVE including, without limitation, the Content of any communication that occurs on or through the TikiLIVE instant message service and the TikiLIVE internal email service. EYEPARTNER reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others, but EYEPARTNER is not responsible for any failure or delay in removing such Content.
Parental Control Protections
EYEPARTNER is concerned about the safety and privacy of all TikiLIVE users, especially children. However, it is important to keep in mind that TikiLIVE is intended for broad general use and users may find that some Content available on TikiLIVE is offensive, indecent or objectionable. EYEPARTNER cannot be held responsible for any Content Posted by TikiLIVE users which may be offensive, indecent or objectionable. While EYEPARTNER has established rules keeping children under the age of 14 from becoming a member of TikiLIVE, it is easy for children to lie about their age and thus gain access to Content which may be inappropriate and unintended for them. It is up to parents to properly supervise their children’s on-line activities. Certain parental control protections are commercially available which can assist parents in supervising their children’s on-line activities such as computer hardware, software, and filtering services which can be used to b lock a child’s access to on-line services such as TikiLIVE. You can find tools that will assist you in supervising your children’s on-line activities by clicking here.
Copyright Infringement
EYEPARTNER has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on TikiLIVE EYEPARTNER has adopted a policy that provides for the immediate suspension and/or termination of any TikiLIVE user who is found to have infringed on the rights of EYEPARTNER, or of a third party, or otherwise violated any intellectual property laws or regulations. EYEPARTNER’s policy is to investigate any allegations brought to its attention. If you have any evidence, know, or have a good-faith belief that your rights have been violated and you want EYEPARTNER to delete, edit, or disable the material in question, you must provide us with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material such as the URL or other specific location; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, or e-mail address; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to EYEPARTNER’s designated Agent for Notice of Claimed Infringement. EYEPARTNER’s agent designated to receive notice of claims of copyright or other intellectual property infringement can be contacted as follows:
http://www.Eyepartner.com/contact.php
If you have been notified by EYEPARTNER that your Content has been removed (or access to it was disabled) in response to a notification of infringement, and you believe that your Content is not infringing, or that you are using the Content in a manner authorized by the copyright owner, the copyright owner's agent, or pursuant to the law, you may send a counter-notice containing the following information to the Copyright Agent: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) your name, address, telephone number, and e-mail address. If a counter-notice is received by the Copyright Agent, EYEPARTNER may send a copy of the counter-notice to the original complaining party informing that person that EYEPARTNER may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against EYEPARTNER, the TikiLIVE Member or user, the removed content may be replaced, or access to it restored, within a commercially reasonable time.
Other Businesses and Links to Other Sites
Our websites may provide links to the websites of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by EYEPARTNER of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. EYEPARTNER is not responsible for examining or evaluating, and does not warrant or claim responsibility for in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their websites. You should carefully review their privacy statements and other conditions of use.
EYEPARTNER has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any Content listed for sale on TikiLIVE or any business transaction that occurs as a result of Content listed for sale on TikiLIVE.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A PAYPERVIEW HOST OR OTHER MERCHANT LISTED ON TIKILIVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE EYEPARTNER, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
Privacy Policy
Use of TikiLIVE is also governed by our Privacy Policy accessible at
http://tikilive.com/about/privacy-policy/
DISCLAIMER OF WARRANTIES
EYEPARTNER CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF OUR WEBSITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, EYEPARTNER HEREBY DISCLAIMS ALL WARRANTIES. EYEPARTNER IS MAKING TIKILIVE AVAILABLE "AS IS," “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EYEPARTNER, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, TIKILIVE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH TIKILIVE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. EYEPARTNER DOES NOT WARRANT THAT TIKILIVE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF TIKILIVE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN TIKILIVE WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, THE SERVICES ARE NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION/COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EYEPARTNER AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
LIMITED LIABILITY
EYEPARTNER’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL EYEPARTNER, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE TIKILIVE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MEMBER DISPUTES AND RELEASE
YOU ARE SOLELY RESPONSIBLE FOR ANY DISPUTES BETWEEN YOU AND OTHER TIKILIVE USERS INCLUDING WITHOUT LIMITATION, DISPUTES CONCERNING TRANSACTIONS WITH OTHER MEMBERS. EYEPARTNER RESERVES THE RIGHT, BUT HAS NO OBLIGATION TO MONITOR OR RESOLVE DISPUTES BETWEEN TIKILIVE USERS.
YOU WILL NOT HOLD EYEPARTNER RESPONSIBLE FOR OTHER USERS' CONTENT, ACTIONS OR INACTIONS. YOU ACKNOWLEDGE THAT EYEPARTNER IS AN INTERACTIVE ONLINE SERVICE PROVIDER, PROVIDING THE TIKILIVE SERVICE TO ITS USERS FOR THE PURPOSE OF COMMUNICATING WITH OTHER USERS AND PUBLISHING USER CONTENT INCLUDING PROVIDING A VENUE WHICH CAN BE USED BY ANYONE TO OFFER, SELL, AND BUY USER CONTENT AT PRICES SET BY AND AGREED TO BY OTHERS, IN A VARIETY OF PRICING FORMATS. EYEPARTNER IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS OF CONTENT. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF USER CONTENT ADVERTISED, THE TRUTH OR ACCURACY OF USER CONTENT, THE ABILITY OF SELLERS TO SELL CONTENT, THE ABILITY OF BUYERS TO PAY FOR CONTENT, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE EYEPARTNER, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD EYEPARTNER, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES MADE BY ANY THIRD PARTY WITH RESPECT TO ANY TRANSACTION(S) YOU ARE INVOLVED IN WITH OTHER MEMBERS, DUE TO OR ARISING FROM YOUR ACCESS TO OR USE OF TIKILIVE, YOUR VIOLATION OF THESE TERMS OF SERVICE, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN, OR YOUR INFRINGEMENT BY YOU OR ANY OTHER USER OF YOUR ACCOUNT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
Choice of Law and Forum
TikiLIVE is controlled and operated by EYEPARTNER from its offices in the State of California. EYEPARTNER makes no representation that TikiLIVE is available or appropriate for use in other locations. Your use of or access to TikiLIVE should not be construed as EYEPARTNER purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. The validity, construction, interpretation and legal effect of this Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. If there is any dispute about or involving TikiLIVE and/or this Agreement, you agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles, California.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Modifications
EYEPARTNER may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify TikiLIVE, and (c) discontinue TikiLIVE at any time. EYEPARTNER shall Post any revision to this Agreement to TikiLIVE.com, and the revision shall be effective immediately upon such Posting. You agree to review these Terms of Service and other online guidelines Posted on TikiLIVE periodically to be aware of any revisions. You agree that, by continuing to use or access TikiLIVE following the notice of any revision, you shall abide by any such revision. TikiLIVE shall not be liable for any damages or losses related to the modification, cancellation or termination of TikiLIVE and/or this Agreement.
Other
All contents of TikiLIVE are: copyright © Eyepartner, Inc. Nothing contained on TikiLIVE should be understood as granting you a license to use any of the trademarks, servicemarks, or logos owned by EYEPARTNER or by any other third party. Inaction or failure by EYEPARTNER to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be held void, invalid or inoperative by a court of law or judicial authorities, no other provision of this Agreement shall be affected as a result thereof, and accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, invalid or inoperative provision had not been contained herein. Any cause of action arising out of or related to TikiLIVE and this Agreement must commence within one (1) year after the cause of action arose; otherwise such cause of action is permanently barred. The section headings in this Agreement are solely for convenience and have no legal or contractual significance.
This Agreement was last modified May 20, 2009