Welcome to the www.eynvas.com website (hereinafter the "Website").
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE (HEREINAFTER THE "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE.
The Terms of Use govern the access to, and use of, the Website and the content and services available through the Website (“Services”).
Use of the Website and of the Services constitutes your full acceptance of these Terms of Use and all guidelines and rules, including but not limited to the Privacy Policy referred to in Section 14 (below) and any other additional terms, conditions, or policies referenced herein and/or available by hyperlink, and of their relevant mandatory nature. These Terms of Use shall apply to all users of the Website, including without limitation vendors, customers, merchants, and/or contributors. When registering to use the Website and the Services, you will be asked to agree to be bound by these Terms of Use. You are only authorized to use the Website and the Services if you agree to abide by all applicable laws and the terms of these Terms of Use and you indicate your acceptance during the registration, or subscription, process. If these Terms of Use are construed as an offer, acceptance is limited expressly to these Terms of Use. If you (hereinafter, also “User”) do not agree to be bound by these Terms of Use and to abide by all applicable laws, you may not use the Website or the Services. By use of the Website and/or Services, User hereby consents to the admissibility of a printed copy of these Terms of Use in any judicial, administrative, or other proceeding based on or relating to the Website, Services, or the use thereof, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Eyn Vas reserves the right, at its sole discretion, to modify these Terms of Use from time to time, in which case we will post the revised Terms of Use on this Website and update the "Last Updated" date to reflect the date of the changes. Please consult these Terms of Use regularly. The use of the Website and the Services by you after such modifications have been posted constitutes your full acceptance of the then-current Terms of Use. If you do not agree with the Terms of Use at any time, you may not continue to use the Website or the Services.
1.1 The Website and its contents are designed, operated and administered by Studio Occam LLC, D.B.A.Eyn Vas, a Delaware Limited Liability Company, whose registered agent in Delaware is The Corporation Trust Company with an address of 1209 Orange Street, Wilmington, New Castle, Delaware 19801 (hereinafter "Eyn Vas", “we”, “us”, “our”).
1.2 The disclosure of contact information described above does not constitute consent to contact for purposes unrelated to the Website and/or Services or for unauthorized purposes, including, but not limited to, marketing.
2.1 The Services are generally not intended for persons under the age of eighteen (18) years (or age of majority of the individual's relevant jurisdiction). If you are under this age, please do not view, use, register for, or subscribe to, the Website or the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your jurisdiction (or fraudulently misrepresented your age during the registration or subscription process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you the Services.
3.1 You may register for, or subscribe to, our Website and Services as available from time to time on the Website.
3.2 When registering for, or subscribing to, the Website and the Services you agree to provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and to prevent Eyn Vas from inadvertently contacting third parties.
3.3 If you registered for a Service requiring prior authentication (e.g. Account, Wish list). You are solely responsible for maintaining the confidentiality of your password and any and all use of your account or password. Eyn Vas is authorized to rely upon any acts or communications it receives under your password as if such acts or communications have been made by you unless Eyn Vas receives explicit prior notice otherwise. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.
3.4 Without prejudice to other remedies provided by applicable law and under these Terms of Use, in the event you fail to comply with the obligations under these Terms of Use, Eyn Vas will be entitled, at its sole discretion, to cancel your registration or subscription, and/or to block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services.
4.1 Your registration for, or subscription to, one or more Services will be effective upon successful completion of the relevant process.
4.2 You may terminate your registration for, or subscription to, the Services at any time at your sole discretion by sending an e-mail to studio@eynvas.com. We will send an email or other communication confirming your cancellation of your registration or subscription.
4.3 Eyn Vas may immediately terminate your registration or subscription, or suspend it, at any time and at its sole discretion, in case of any material breach by you of these Terms of Use, without prejudice to any other remedies provided by the applicable law. Eyn Vas will notify you about the termination or suspension, as applicable, by e-mail or postal mail and your credentials, if any, will be deactivated. Termination of your access or use will not waive or affect any other right or relief to which Eyn Vas may be entitled, at law or in equity. The obligations and liabilities of the parties incurred prior to termination shall survive the termination for all purposes.
5.1 Certain parts of the Services may require the Services to be provided through electronic communication channels, such as e-mail, text messages, or phone calls. You acknowledge that messaging and data rates may apply and that you will be responsible for such charges.
5.2 Please see Eyn Vas’s Privacy Policy for more information about how we may contact you and your rights and options regarding our use of your contact information. As mentioned above, you may terminate your registration for, or subscription to, the Services at any time at your sole discretion by sending an e-mail to assistance@eynvas.com. We will send an email or other communication confirming your cancellation of your registration or subscription.
5.3 You may not use the Website or Services for any illegal or unauthorized purpose or utilize the Website or Services for any purpose in violation of the laws in your jurisdiction (including but not limited to copyright and intellectual property rights regulations). You may not use any hardware or software which may damage or interfere with the proper working of the Website and/or Services or to surreptitiously intercept any communications, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website or Services in any way.
6.1 The content on this Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, trade dress, logos, software for design, implementation and use of the Website, layout, structure and organization of the content of the Website, the collection and organization of data and information, video clips, musical compositions, audio clips, designs, devices, or any other material (collectively, “Contents”) is protected under domestic and foreign intellectual property laws. Eyn Vas owns all rights and/or license in and to the Contents. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, trade dress, patent and other laws. You understand and agree that, except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, modified, or created into derivative works in any form or by any means without the prior written permission from Eyn Vas. Any special rules for the use of other items provided on the Website may be included elsewhere within the Website and are herein incorporated into these Terms of Use by reference. The use of the Contents on any other website or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Eyn Vas.
7.1 Any ideas, suggestions, information, know-how, material, or any other content received by us from you or others through this Website, or through other forms of communication such as mail or email (collectively, “Submissions”), will be deemed to include a royalty-free, perpetual, worldwide, irrevocable, nonexclusive, sublicensable right and transferable license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. You are solely responsible for your Submissions, the consequences of making Submissions, and your reliance on any Submissions. Eyn Vas is not responsible for the consequences of any Submissions. You declare and warrant that the Submissions do not violate any rights of third parties arising from the law or by contract, including, but not limited to, the rights related to the author, trademarks, patents, trade secrets, copyright, confidentiality and any other proprietary or personal rights. Eyn Vas is not responsible for screening or monitoring Submissions made to this Website by users. If notified by a user of a submission allegedly in violation of these Terms of Use, Eyn Vas may investigate the allegation and determine in good faith and at its sole discretion whether to remove such Submissions. Eyn Vas will have no liability or responsibility to users for performance or nonperformance of such activities. Eyn Vas may, but will not be obligated to, use and/or provide any author attributions related to any Submissions. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
8.1 This Website may contain links to other websites. Eyn Vas has no control over such websites and will not be responsible or liable for any content or anything else related to your accessing or use of any third party websites.
8.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by Eyn Vas of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators. Eyn Vas shall not be responsible for any losses, damages, or other liabilities incurred as a result of use of such sites.
8.3 You are not permitted to frame or “mirror” this Website or any of its Contents on any other website or to link to any part or section of the Website or its Contents, in whole or in part, without prior written consent of Eyn Vas.
9.1 This Website is solely for private, personal and non-commercial use, and the material on this Website is presented for informational and/or promotional purposes only. Eyn Vas shall not be responsible if the information made available on this site is inaccurate, incomplete, or outdated. The information included on the Website and/or Services should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information. The User assumes all risk for any reliance upon the accuracy of any information portrayed on the Website or Services.
9.2 The photographs and images of products included on the Website and Services have been portrayed as accurately as possible; however, the settings and specifications of the User’s viewing device or display could affect the accuracy of the colors of products portrayed.
9.3 We provide you with Products and Services through the networks of other telecommunications providers and through other suppliers and third parties. Your use of the Products and Services of Eyn Vas and the equipment, facilities and services of third-party suppliers is at your own risk. We assume no responsibility for the security of your facilities or networks or for unauthorized access to such networks or facilities. In all cases, you are responsible for determining and establishing secure network access configurations. Eyn Vas, its partners, affiliates and third-party suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers shall not be liable for any inability, failure or mistake related to any security breach or identification of such breach or any loss that results from the transmission of confidential or sensitive information over the Internet. Eyn Vas and its suppliers make no commitments with respect to the recoverability of lost data.
10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE, ITS MATERIALS, CONTENTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EYN VAS PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS MATERIALS, CONTENTS, OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, THAT DEFECTS WILL BE CORRECTED, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR)), THAT IT IS MERCHANTABLE, THAT IT IS SUITABLE FOR ANY PARTICULAR PURPOSES, OR THAT (EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY), ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN THE COURSE OF YOUR USE OF THIS WEBSITE OR ANY HYPERLINKED WEBSITE ARE SECURE AND EXPRESSLY DECLINES ANY SUCH WARRANTIES. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
10.2 EYN VAS WORKS TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER EYN VAS CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND EYN VASMAKES NO WARRANTY, AND SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. EYN VAS RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.
11.1 SOME COUNTRIES DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
11.2 YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICE AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE.
11.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO UNDERTAKE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS, LIABLE, IN ANY WAY, FOR ANY POSSIBLE DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OR RESULTING FROM THE USE OF THIS WEBSITE, THE SERVICES, ITS CONTENTS OR RELATED TO IT, OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
11.4 NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT (I) OUR LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE; (II) OUR LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
12.1 To the extent permitted by applicable law, you agree to indemnify and hold Eyn Vas, and each of its parents, subsidiaries and affiliates, and their respective officers, directors, shareholders, legal representatives, attorneys, agents, partners, employees and successors and assigns, harmless from and against any damage, loss, liability, claim, demand, cost, penalty, or expense (including reasonable attorneys' and professionals’ fees and court costs) arising out of or relating to your use of the Website, including, but not limited to, any Submissions to make to us, or any breach by you of these Terms of Use.
12.2 WE RESERVE THE RIGHT TO ASSUME AND DELEGATE THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIMS, DEMANDS AND ACTIONS ARISING IN CONNECTION WITH THIS INDEMNITY AND YOU AGREE TO COOPERATE WITH EYN VAS AND ITS DESIGNEES DEFENSE OF THESE CLAIMS, DEMANDS AND ACTIONS.
13.1 These Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with the laws of the State of Delaware, USA (without regard to its conflict of law provisions), except as otherwise provided under mandatory local legislation of your place of residence.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising out of or relating to these Terms of Use or the breach, termination or validity thereof, and/or the relationships which result from these Terms of Use (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF EYN VAS, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the state and federal courts in the State of Delaware. If arbitration is chosen by any party with respect to a Claim, neither Eyn Vas nor User will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, User will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms of Use, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in the State of New York, New York County, Borough of Manhattan. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. The only Claims excluded from this arbitration provision are claims for which mandatory arbitration would be invalid as a matter of applicable law. As a result, this submission of disputes to arbitration at Eyn Vas’s election may not apply to you or your jurisdiction.
In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.
13.2 The headings used in this agreement are for reference purposes only and do not have contractual or binding effect.
13.3 If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these Terms of Use will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision.
13.4 The terms and conditions set forth herein constitute the entire agreement and understanding between the User and Eyn Vas with respect to the subject matter set forth in the Website and/or Services and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Website and/or Services, including but not limited to any statements of policy or answers to frequently asked questions.
13.5 Eyn Vas’s waiver of any provision of these Terms of Use, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect will not operate to excuse performance or waive any such right to require strict performance at any future time.
14.1 By using the Website or the Services, or by uploading or providing any personal information to Eyn Vas, you agree to the terms of our Privacy Policy, which explains how Eyn Vas treats your personal information and protects your privacy when you use the Website and the Services. Please read the Privacy Policy carefully.
15.1 If you believe any Submissions accessible on or from the Website infringes your copyright, you may request removal of those materials (or access thereto) from this Website by contacting Eyn Vas (address identified below) and providing the following information:
(i) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
(ii) Identification of the Submission that you believe to be infringing and its location. Please describe the Submission and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
(iii) Your name, address, telephone number, and (if available) email address;
(iv) A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
(v) A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
(vi) A signature or the electronic equivalent from the copyright holder or authorized representative.
15.2 Our address for copyright issues relating to this Website is as follows:
Eyn Vas
443 S. San Pedro St., STE 606
Los Angeles CA 90013
Attn: Intellectual Property Department
15.3 In an effort to protect the rights of copyright owners, Eyn Vas maintains a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
The parties have agreed that these Terms of Use and other documentation related thereto or incorporated herein be drafted exclusively in the English language.
