Ownership of Site – Agreement to Terms of Use

These Terms and Conditions of Use (“Terms of Use”) govern your access to and the use, whether as a guest or a registered user, of the website located at www.eyebags.com and all associated websites linked to www.eyebags.com (collectively, the “Site”) provided by The EyeBag® Company, its parents, subsidiaries, and/or affiliates.

BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE.

The EyeBag® Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. All changes are effective immediately when we post them. It is your responsibility to check these Terms of Use periodically for changes, and immediately discontinue access or use of the Site if you do not want to agree to the revised Terms of Use. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, The EyeBag® Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content and Trademarks

The Site and its entire contents, features and functionality including without limitation all information, text, graphics, user interfaces, software, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site (collectively, “Content”) is owned, controlled or licensed by or to The EyeBag® Company and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property or proprietary rights and unfair competition laws.

Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of The EyeBag® Company and its parents, subsidiaries and affiliates, and other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners (collectively, “Trademarks”). Nothing in these Terms of Use or otherwise provided on the Site grants, or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks without express prior written consent of The EyeBag® Company.Neither The EyeBag® Company’s name nor any of the Trademarks may be used in any way, including but not limited in any advertising or publicity regarding distribution of materials on the Site, without The EyeBag® Company’s prior written consent. Without limiting the generality of the foregoing, The EyeBag® Company prohibits the use of its name or any Trademarks as a link to any website unless such link is approved in advance by The EyeBag® Company in writing.

Permitted Use of the Site and Content

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be used, copied, reproduced, republished, downloaded, posted, publicly displayed, encoded, translated, modified, used to create derivative works of, transmitted or distributed in any way, including mirroring, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without The EyeBag® Company’s express prior written consent.

You may use information on The EyeBag® Company’s products and services that is purposely made available by The EyeBag® Company for downloading from the Site, provided that you (i) do not remove any proprietary notice language in all copies of such documents; (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such information.

No right, title or interest in or to the Site or any Content is being transferred to you, and all rights not expressly granted are reserved by The EyeBag® Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site: (i) in any way that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data or software to and from the UK or other countries); (ii) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (iii) to send, receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Use; (iv) to transmit any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (v) to impersonate or attempt to impersonate The EyeBag® Company or an EyeBag® Company employee, another user or any other person or entity; or (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or that may harm The EyeBag® Company or users of the Site or expose them to liability.

Additionally, you agree not to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site. Without limitation, you must not: (i) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (ii) introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (iii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

User Content

From time to time, The EyeBag® Company may provide interactive services on the Site, including but not limited to blogs and forums that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Site.

Any User Contribution you wish to post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you hereby grant The EyeBag® Company and its parents, subsidiaries, affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, create derivative works of, sublicense, distribute and otherwise disclose such content and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own your User Contributions or otherwise have sufficient rights in such User Contribution and all of User Contributions comply with the Content Standards set out in these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. The EyeBag® Company is not responsible for the content or accuracy of any User Contributions posted by you or any other user of the Site.

The EyeBag® Company has the right to take any actions that we consider to be appropriate to ensure that the Site is operated in an appropriate manner. We may remove or refuse to post any User Contributions for any or no reason in our sole discretion, and we may take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contributions violate the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for The EyeBag® Company. We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We may terminate or suspend your access to all or part of the Site for any reason that we determine to be adequate, including any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.

YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS RESULTING FROM ANY SUCH ACTION TAKEN BY THE EYEBAG® COMPANY.

We do not undertake to review any User Contributions before it is posted on the Site, and cannot ensure prompt removal of objectionable User Contributions after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or User Contributions provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Content Standards

User Contributions must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote or assist any unlawful act; (vii) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (ix) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (x) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or (xii) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Access, Accounts, Passwords and Security

You are responsible for making all arrangements necessary for you to have access to the Site. If you allow any persons to access the Site through your internet connection, you must ensure that they are aware of these Terms of Use and comply with them.

Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account. You shall notify The EyeBag® Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by The EyeBag® Company or any other user of or visitor to the Site due to someone else using your account as a result of your failing to keep your account information secure and confidential. Additionally, you agree that all information you provide to open an account with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. The EyeBag® Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Your use of the Site and any information provided by you or gathered by The EyeBag® Company or third parties during any visit to or use of the Site is governed by The EyeBag® Company’s Privacy Policy, which is incorporated by this reference. You agree to The EyeBag® Company’s collection, use and sharing of your information as set forth in the privacy policy. If you do not want to agree to our Privacy Policy, you must not provide us any personal information.

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

The Site is hosted in the UK and our products and services are provided from the UK. It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms. If you are a user accessing the Site or product or services from the United States, European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from UK laws, you are expressly and knowingly consenting to the transfer of your personal information to the UK and other jurisdictions as indicated above, and to our use of your personal information in accordance with our Privacy Policy.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by The EyeBag® Company are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of The EyeBag® Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

This Site may contain information on health-related topics. All information provided on this Site, or through links to other third party websites, is for informational purposes only and is not a substitute for obtaining proper medical advice, diagnosis, treatment or other professional care or services. You should always seek the advice of a physician or other qualified health providers with any questions regarding a medical condition or the diagnoses and/or treatment of any particular health issue to which you may be experiencing.

Online Purchases

Should you purchase any products or services on the Site, the transaction will be governed by our Sales & Return, which are hereby incorporated into these Terms of Use.

Links to the Site

The EyeBag® Company prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without The EyeBag® Company’s prior written consent. Similarly, The EyeBag® Company prohibits the running or displaying of this Site or any Content in frames or through similar means on another website without The EyeBag® Company’s prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations.

Links to Other Sites

This Site may contain links to other independent third-party websites and social media sites (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. We have no control over the contents of Linked Sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Linked Site. The EyeBag® Company does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
The Site may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Site, send e-mails or other communications with certain content, or links to certain content, on the Site, or cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. In addition to the limitations on linking set forth above, you may not cause the Site or portions of it to be displayed, or appear to be displayed by framing, deep linking or in-line linking on any other site.

Disclaimers

THE EYEBAG® COMPANY DOES NOT PROMISE OR GUARANTEE THAT THE SITE OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICE OBTAINED THROUGH THE SITE WILL PROVIDE SPECIFIC RESULTS OR MEET YOUR NEEDS OR EXPECTATONS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER THE EYEBAG® COMPANY OR ANY PERSON ASSOCIATED WITH THE EYEBAG® COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABLITY OF THE SITE, ITS CONTENT OR ANY PRODUCTS OR SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE EYEBAG® COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. THE EYEBAG® COMPANY FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ITS CONTENT, YOUR SOLE REMEDY AGAINST THE EYEBAG® COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. IN THE EVENT OF ANY PROBLEM WITH A PRODUCT OR SERVICE THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE EYEBAG® COMPANY’S RETURN POLICY. THESE LIMITATIONS OF RELIEF ARE A PART OF THE AGREEMENT BETWEEN THE PARTIES.

The EyeBag® Company reserves the right to do any of the following, at any time, without notice: (i) modify, suspend or terminate operation of or access to the Site or any portion of the Site; (ii) modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (iii) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

IN NO EVENT WILL THE EYEBAG® COMPANY, ITS PARENTS, AFFILIATES, SERVICE PROVIDERS, LICENSEES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY LINKED SITE, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE OR SUCH OTHER WEBSITES. THIS DISCLAIMER INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

You agree to defend, indemnify and hold The EyeBag® Company, and its parents, subsidiaries, affiliates, licensees, service providers, and its and their respective officers, directors, predecessors, successors, employees, contractors, agents, suppliers, successors and assigns, harmless from any claims, loss, liability, damages, judgements, awards, cost, fees or expenses (including attorneys’ fees), relating in whole or in part to any claims or demands made against The EyeBag® Company by any third party due to or arising out of or in connection with your use of the Site or violation of these Terms of Use.

Violation of Terms of Use

The EyeBag® Company may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if it determines that you have violated these Terms of Use or other policies, agreements or guidelines which may be associated with your use of the Site. Any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to The EyeBag® Company for which monetary damages would be inadequate. You consent to The EyeBag® Company obtaining any injunctive or equitable relief that The EyeBag® Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that The EyeBag® Company may have at law or in equity.

If The EyeBag® Company takes any legal action against you as a result of your violation of these Terms of Use, The EyeBag® Company will be entitled to recover from you, and you shall pay, all reasonable attorneys’ fees and costs of such action in addition to any other relief granted to The EyeBag® Company. Under no circumstance will The EyeBag® Company be liable to you or any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Jurisdiction

All matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of England with regard to conflict of law principles. You consent to the jurisdiction of the courts of England and waive any objection to such jurisdiction.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Use by Children

The EyeBag® Company does not offer products and services for sale to children under 18. We sell products and services for purchase by adults only. By using this Site, you are representing to us that you are 18 years of age or older. The EyeBag® Company will not be liable for any damages that may result from misrepresentation of age by a user of the Site.

Void Where Prohibited

The EyeBag® Company administers and operates the Site from its location in Calderdale, England. Other EyeBag® sites may be administered and operated from various locations outside the United Kingdom. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United Kingdom. The EyeBag® Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United Kingdom, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and The EyeBag® Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and The EyeBag® Company with respect to such use are hereby superseded and cancelled. Other than as provided in a written and executed purchase agreement between you and The EyeBag® Company, any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The EyeBag® Company’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by The EyeBag® Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between The EyeBag® Company and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

COPYRIGHT INFRINGEMENT CLAIMS

All notices of copyright infringement claims should be sent to:

The EyeBag® Company Ltd
Unit 5, Calderdale Business Park
Club Lane
Halifax
HX2 8DB
United Kingdom

Feedback and Information

This Site is operated by The EyeBag® Company, Halifax, HX2 8DB. All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: craig@eyebags.com. Any feedback you provide at the Site shall be deemed to be non-confidential. The EyeBag® Company shall be free to use such information on an unrestricted basis.