Terms & Conditions
By accessing, browsing and/or using this EYEDAK website, you acknowledge that you have read, understood and agree to abide by and comply with these Terms of Use. If you do not agree to these terms of use, please abstain from using our site.
EYEDAK s.l. reserves the right, in its discretion, to update or revise these Terms of Use and to post such updates on this site. Please check these Terms of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
EYEDAK s.l.., and/or its affiliates (“EYEDAK”) provide website features and other products and services to you when you visit or shop at the EYEDAK website, use EYEDAK products or services, use EYEDAK applications, or use software provided by EYEDAK in connection with any of the foregoing (collectively, “EYEDAK Services”). Your access to the EYEDAK website, and all EYEDAK Services, are subject to these Terms of Use. However, as we offer a wide range of EYEDAK Services, additional terms may apply to individual EYEDAK Services, and you may only be able to use certain EYEDAK Services (such as EYEDAK software) if you have executed an agreement with EYEDAK applicable to such EYEDAK Services, which may be in click wrap form (a “Product/Service Agreement”). If these Terms of Use are inconsistent with a Product/Service Agreement relating to a specific EYEDAK Service, that Product/Service Agreement will control with respect to the specific EYEDAK Service.
RELIANCE ON INFORMATION POSTED & DISCLAIMER
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such. We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by Spanish law, we exclude all liability for loss or damages direct or indirect arising from use of this site.
INFORMATION ABOUT EYEDAK
EYEDAK s.l. is a company registered in Spain under registration number B-76.170.034. Our registered office is located at Calle Músico Juan Reyes de Armas, 9A, 35017, Las Palmas de Gran Canaria. EYEDAK s.l. is regulated and operate under the Spanish company’s laws. vrAse is a European, American and Chinese registered trade mark of EYEDAK s.l.
VARIATIONS AND CHANGES OF THIS WEBSITE
We aim to update our site regularly, and may change the content at any time. We may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
PRIVACY
Please review our Privacy Policy, which also governs your use of EYEDAK Services, to understand our practices. EYEDAK reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request. You agree that EYEDAK may place a cookie or other small text file on any computer from which you access this site or the services.
USE OF THE WEBSITE
By accessing the EYEDAK website, you warrant and represent to EYEDAK that you are legally entitled to do so.
AGE OF MAJORITY
If you are under the age of majority in your area of residence, you may use the EYEDAK Services only with involvement of a parent or guardian. EYEDAK reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.
ELECTRONIC COMMUNICATIONS
When you use any EYEDAK Services or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the EYEDAK website or through other EYEDAK Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement. When you provide EYEDAK with your e-mail address, or sign up to receive e-mail from us, you consent to receiving commercial e-mail.
INTELLECTUAL PROPERTY RIGHTS
Neither you nor anyone acting on your behalf may acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade-secrets, relating to the contents of this site. Any grants not expressly granted herein are reserved. All content that is made available to view and/or download in connection with this site is owned by and is the copyrighted work of EYEDAK and is protected by copyright laws and international treaty provisions. You agree that you will not download any content without complying with all applicable use controls, laws and regulations, and you warrant that you will not download any content or software where such downloading is prohibited by local laws.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. All contents of this site are property of EYEDAK s.l. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
EYEDAK SITE LICENCE AND ACCESS
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. EYEDAK hereby grants you a limited license to visit, browse, access and use the EYEDAK website subject to these Terms of Use, including the following limitations:
· Except as expressly permitted by this Agreement, you may not download (other than page caching), modify, or alter the EYEDAK website, or any portion of it, except with the express written consent of EYEDAK. This license specifically does not include: (1) any resale or commercial use by you of the EYEDAK website; (2) any derivative use of the EYEDAK website or its contents; (3) any use of data mining, robots, or similar data gathering and extraction tools; (4) any reproduction, duplication, copying, selling, reselling, re-posting or any exploitation of the EYEDAK website or its contents for any public or commercial purpose without the express written consent of EYEDAK; (5) any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the EYEDAK website, or otherwise interferes with its proper functioning; and (6) mirroring of any material contained on the EYEDAK website on any other server.
· You will ensure that your use, or the use of any third party through you, of the EYEDAK website and the EYEDAK Services does not interfere with, degrade, or adversely affect any EYEDAK software, system, network or data or that of any other users of the EYEDAK Site or the EYEDAK Services. You and anyone obtaining access to the EYEDAK website or EYEDAK Services through you will not post or transmit any harassing, abusive, libelous, illegal, deceptive or otherwise offensive messages or information whatsoever.
· You may not attempt to gain unauthorized access to the EYEDAK website and/or any EYEDAK computer systems or networks connected to the EYEDAK website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the EYEDAK website.
· Unless otherwise specified, the content provided in this site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the EYEDAK website.
· You and anyone obtaining access to this website through you will not use the EYEDAK website or any contents thereof to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortuous acts. You shall not use, nor permit others to use, the EYEDAK website in a manner or for a purpose contrary to these Terms of Use or any Product/Service Agreement.
ACCURACY OF INFORMATION
You may be permitted to or asked to submit information to EYEDAK. You expressly represent and warrant: (a) that you have the authority to provide EYEDAK with all such information; (b) that all such information may be used by EYEDAK for the purposes intended; and (c) that all such information shall be true, accurate, and complete. You agree that if any information you provide is false, inaccurate, obsolete, incomplete or provided without such authority, we may terminate your use of the EYEDAK website and any or all EYEDAK Service(s).
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
EYEDAK takes no responsibility and assumes no liability for any content posted by you or any third party. Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. EYEDAK reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, unless we indicate otherwise, you grant EYEDAK a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicense-able right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public such content throughout the world in any media. You grant EYEDAK and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify EYEDAK for all claims resulting from content you supply. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM, YOU DO SO AT YOUR OWN RISK. No compensation will be paid with respect to the use of any information or content submitted by you. EYEDAK is under no obligation to post or use any information you may provide.
EXTERNAL LINKS
External links may be provided for your convenience, but they are beyond the control of EYEDAK and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. EYEDAK is not responsible if any third party website is not working appropriately. Other than to the extent required under applicable consumer protection law, under no circumstance will EYEDAK be liable for any loss or damage caused by your reliance on information obtained through the EYEDAK website or a third party linked site (including any opinions, statements or advice), or your reliance on any product or service obtained from any user of the EYEDAK website or any third party linked site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the EYEDAK website, or obtained from a third party linked site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third party website to which this site is linked.
RISK OF LOSS
All items purchased from EYEDAK are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. You therefore assume all responsibility for claims against the carrier for loss or damage.
PRICING
Unless otherwise provided, prices are in European currency. We generally do not charge your credit card until after your order has entered the shipping process. Prices are exclusive of, and you will pay, all applicable sales, use, consumption, goods and service, value added withholding, and all other applicable federal, state, provincial and local taxes. Prices are also exclusive of, and you will be responsible for payment of, all fees and charges related to customs, duties and brokerage.
INDEMNIFICATION
You agree to defend, hold harmless and indemnify EYEDAK, its affiliates, and their respective officers, directors, employees, consultants, agents, shareholders, licensors, sponsors and representatives from and against any and all claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees and costs), arising out of or in any way connected with: (i) any breach by you of these Terms of Use; (ii) your use of the content or services available on the EYEDAK website in any unauthorized manner, or (iii) your violation of any law or of any third party rights.
SEVERABILITY
These Terms of Use shall be deemed severable. In the event that any provision of the Terms of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THE EYEDAK SITE, OR OBTAINED FROM A THIRD PARTY LINKED WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. EYEDAK ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS SITE. UNDER NO CIRCUMSTANCES WILL EYEDAK BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, EYEDAK assumes no responsibility for errors or omissions in the information which is referenced by or linked to the EYEDAK website.
IN NO EVENT SHALL EYEDAK BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM:
(1) RELIANCE ON THE MATERIALS PRESENTED ON THIS SITE,
(2) LOSS OF USE, DATA, CONTRACTS, BUSINESS, INCOME, REVENUES, ANTICIPATED SAVINGS, GOODWILLL OR PROFITS,
(3) DELAYS OR BUSINESS INTERRUPTIONS,
(4) WASTED MANAGEMENT OR OFFICE TIME,
(5) AND ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE OR EYEDAK SERVICES OR ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, WHETHER OR NOT EYEDAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
INTERNATIONAL USERS
The EYEDAK website is controlled, operated and administered by EYEDAK (or its licensees) from its offices within Spain and is not intended to subject EYEDAK to the laws or jurisdiction of any state, country or territory other than those of Spain. Those who choose to access the EYEDAK website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to Spanish export controls and are responsible for any violations of such controls, including without limitation any Spanish embargoes or other federal rules and regulations restricting exports. Additional charges such as customs, fees, taxes, and import duties are the responsibility of the buyer. Without limiting the foregoing, EYEDAK may limit EYEDAK website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
VIOLATION OF THESE TERMS OF USE AND TERMINATION
Where feasible (in EYEDAK’s sole discretion), EYEDAK will advise you of any inappropriate behavior on your part and any necessary corrective action. However, if this site or any EYEDAK Services are used in a way in which EYEDAK, in its sole discretion, deems to violate these Terms of Use, EYEDAK or its agent may take any responsible actions they deem appropriate. Such action may include, but is not limited to, temporary or permanent removal of content or filtering of Internet transmissions, and termination of any Product/Service Agreement. EYEDAK shall not be liable in any way for any such responsive actions. The above-described actions are not EYEDAK’s exclusive remedies and EYEDAK may take any other legal, equitable or technical action it deems appropriate.
EYEDAK reserves the right to investigate suspected violations of these Terms of Use. You hereby authorize EYEDAK to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers, networks or computing facilities in order to enforce these Terms of Use.
Notwithstanding the foregoing, EYEDAK reserves the right to revoke your authorization to visit, browse, access and use the EYEDAK website at any time without notice. All restrictions herein shall survive the termination of your right to visit, browse, access and use the EYEDAK website.
APPLICABLE LAWS
Use of the EYEDAK website and EYEDAK Services shall in all respects be governed by the laws of the Spanish courts, that will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Spain. The parties agree that the Spanish courts shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these Terms of Use or to any contracts relating to goods or services obtained through this site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express will of the parties that this agreement and all related documents have been drawn up in English.
CONTACT
If you have any questions regarding these Terms of Use or intellectual property matters, or if you have any legal concern relating to EYEDAK or its business or EYEDAK Services, contact EYEDAK at:
EYEDAK s.l. | Músico Juan Reyes de Armas, 9A | Las Palmas de Gran Canaria | SPAIN | 35017