This website, including all its features and content (this “site”) is a service made available by Eyewear Artwalk, and its affiliates, and all content, information, products, services, and software ordered or provided on or through this site and related sites (“Services”) may be used solely under the following terms and conditions of use (“Terms & Conditions”). 

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By accessing or using any of the Services, you agree to be bound by these Terms and Conditions. These Terms and Conditions expressly incorporate by reference and include the Service's Privacy Policy and any guidelines, policies or additional terms or disclaimers that may be posted and/or updated on the Service or on notices that are sent to you. 

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If you do not agree with these Terms and Conditions, please do not use the Services. All rights, including, but not limited to, copyright and database rights, in and to the Services of Eyewear Artwalk are owned by, licensed to, or otherwise used by Eyewear Artwalk as permitted by applicable law. In accessing Eyewear Artwalk’s Services, you agree that such access is solely for your own private use and not for any commercial or public use. 

You may print out a single hard copy of any part of the content on the Services for your personal non-commercial use. Except as permitted above, you may not copy, store in any medium (including in any other site), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of Eyewear Artwalk’s Services without the prior written permission of Eyewear Artwalk or in accordance with applicable law.

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Access to, and use of, the Services is provided to you by Eyewear Artwalk, subject to the following Terms and Conditions:

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1. Use or accessing of the Services constitutes your acceptance of these Terms and Conditions, which take effect immediately on your first use or access of the Services. Eyewear Artwalk reserves the right to change these terms and conditions at any time by posting such changes online.

2. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use or access to the Services after changes are posted constitutes your acceptance of these terms and conditions as modified by the posted changes.

3. Unless otherwise set out herein, Content comprised within the Services, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, audio, images, applications, programs, computer code and other information (collectively, the "Content"), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by Eyewear Artwalk, its licensors or its content providers and is protected by copyright, trademark and other intellectual property and unfair competition laws.

4. Except as otherwise provided in any additional terms for a Service, if applicable, you may print or download Content from the Services for your own personal, non-commercial, informational, or scholarly use, provided that you keep intact all copyright and other proprietary notices.

5. You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, or create other derivative works from, or sell, rent or license all or any part of the Content, or products or services obtained from the Services, in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, or any relevant license or subscription agreement or authorization by us.

6. You may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in the systematic retrieval of Content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission.

7. You may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Services for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Services or any other person’s use of the Services. If the Services contain robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services or to any Eyewear Artwalk server, or any of the products or services provided on, accessed from or distributed through the Services. You may not probe, scan or test the vulnerability of the Services or any network connected to the Services or breach or attempt to breach the security or authentication measures on the Services or any network connected to the Services.

8. You may not, without the approval of Eyewear Artwalk, use the Services to publish or distribute any advertising, promotional material, or solicitation to other users of the Services to use any goods or services. For example (but without limitation), you may not use the Services to solicit the performance of any activity that is prohibited by law. Similarly, you may not use the Services to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.

9. You agree to use the Services only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Services by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Services.

10. Where you are invited to submit any contribution to the Services (including without limitation any text, graphics, video or audio) (a “Submission”) you are required by such submission to grant Eyewear Artwalk a perpetual, royalty-free, non-exclusive, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such Submission worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such Submission, consistent with privacy restrictions set forth in Eyewear Artwalk's Privacy Policy. If you do not wish to grant such rights to Eyewear Artwalk, it is suggested that you do not submit your contribution to the Service(s).

 

With the Submission, you also:

1. Warrant that the Submission is your own original work and that you have the right to make it available to Eyewear Artwalk for all the purposes specified above;

2. Indemnify Eyewear Artwalk against all legal fees, damages and other expenses that may be incurred by a result of your breach of the above warranty; and

3. Agree to waive any moral rights in your Submission for the purposes of its provision to and publication on Eyewear Artwalk site and the other purposes specified above.

 

If there is any conflict between these Terms and Conditions and/or specific terms appearing elsewhere on this site or other Eyewear Artwalk sites relating to specific material or Services then the latter shall prevail.

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2. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

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Content available with respect to the Services may include material provided by or received from third parties. Eyewear Artwalk does not permit copyright-infringing materials of others and will remove any such content if properly notified of such violation in accordance with the procedure set forth below. 

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If an entity or individual has a good faith belief that materials hosted by Eyewear Artwalk infringe their copyright, they (or their agent) may send Eyewear Artwalk a written notice requesting that the allegedly infringing material be removed or access to it blocked, pursuant to Section 512 of the Digital Millennium Copyright Act of 1998 (the "DMCA"). The notice must include the following information:

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1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Eyewear Artwalk to locate the material.

4. Information reasonably sufficient to permit Eyewear Artwalk to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5. A statement that the complaining party has 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.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

If there is a good-faith belief that a notice of copyright infringement has been wrongly filed, the DMCA permits the target to send Eyewear Artwalk a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the Services should be sent to Eyewear Artwalk. Please consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. It is Eyewear Artwalk’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others. Upon receiving the above information, Eyewear Artwalk will promptly investigate and take appropriate action.

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3. We provide the Services using a commercially reasonable level of skill and care, but neither Eyewear Artwalk nor its suppliers or licensors make any specific promises about the Services, including the Content or any Submission therein. The Services and the Content, including, but not limited to, the information, names, images, pictures, logos and icons regarding or relating to Eyewear Artwalk, its products and services, or regarding or relating to any third parties, their products or services, are provided "AS IS" without any representation or endorsement made and without warranty of any kind whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted under applicable law, neither Eyewear Artwalk nor its suppliers and licensors assume responsibility for any injury and/or damage to persons, animals or property as a matter of products liability, malpractice, failure to warn, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, tests, products or procedures displayed on the Services or incorporated in the Content or any Submission included in or accessible from the Services.

 

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL EYEWEAR ARTWALK OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR THE CONTENT OR SUBMISSIONS, OR SHALL THE LIABILITY OF EYEWEAR ARTWALK OR ITS SUPPLIERS AND LICENSORS EXCEED A SUM EQUAL TO THE FEES PAID BY YOU HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Eyewear Artwalk does not warrant that the functions contained in the material contained in Services will be uninterrupted or error free, that defects will be corrected, or that the Services or a related server are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the materials. The names, images and logos identifying Eyewear Artwalk or third parties and their products and services are the respective proprietary marks of Eyewear Artwalk/or third parties. Nothing contained within these Terms and Conditions shall be construed as granting or conferring any intellectual property rights or other rights to any content of Eyewear Artwalk or of any other third party, whether by implication, estoppel or otherwise.

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4. Eyewear Artwalk does not claim ownership, endorse or take responsibility for any third-party products, information, guidelines, materials or services that may be offered, advertised, provided or displayed on the Service or incorporated in the Content or any Submission contained on, accessible from or distributed through the Services.

 

5. You hereby agree to indemnify and hold Eyewear Artwalk, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys' or legal fees, arising out of or in connection with your violation of these Terms and Conditions, and your use of or inability to use any of the Services or the Content or Submissions.

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6. The Services may contain links to third-party sites or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from external sites or resources linked to the Services. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Eyewear Artwalk.

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7. Some Services may require you to register. If registration is required, you agree to provide accurate and complete registration information. It is your responsibility to inform Eyewear Artwalk of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Eyewear Artwalk does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. As a registered user of a Service, Eyewear Artwalk grants to you a non-transferable, non-exclusive and revocable license to use the Service according to these Terms and Conditions. Except as expressly granted herein or in any other agreement you have with Eyewear Artwalk, you acquire no right, title or license in the Service or any Content or Submission accessed from or incorporated in the Service.

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8. If you use a password to access a Service, you must not reveal your password and must take reasonable steps to keep your password confidential and secure. You agree to immediately notify Eyewear Artwalk if you become aware of or have reason to believe that there is any unauthorized use of your password or account or any other breach of security. Eyewear Artwalk is in no way liable for any claims or losses related to the use or misuse of your password or account due to the activities of any third party outside of our control or due to your failure to maintain confidentiality and security.

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9. Term and Termination: Any license granted to you to use any Service is effective until it expires until Eyewear Artwalk terminates it, or until you provide notice to Eyewear Artwalk of your decision to terminate it. Your rights under the license will terminate automatically without notice to you if you fail to comply with any of the provisions of these Terms and Conditions. Eyewear Artwalk reserves the right to suspend, discontinue or change a Service, or its availability to you, at any time without notice. Upon termination of the license to a Service, you shall cease all use of the Service.

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10. Export Controls: Where the Service, its Content or any Submission consists of software that is subject to US, EU or any other Export Controls, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government, EU or other embargo, or that has been designated by the U.S. Government or the EU as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government, EU or any other list of prohibited or restricted parties.

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11. No Assignment: You may not assign your rights or obligations under these Terms and Conditions to anyone.

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12. No Waiver: Neither failure nor delay on the part of Eyewear Artwalk to exercise or enforce any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No part of these Terms and Conditions shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach

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13. Additional Terms: Additional or superseding terms and conditions may apply to purchases or supply of goods or services including intellectual property, to specific portions or features of a Service, and to subscriptions or licenses with entities with which you may be employed or affiliated. If there is a conflict between these Terms and Conditions and the terms that are posted for or applicable to a specific portion of the Service, for any service offered on or through the Service, or set forth in a subscription or license agreement, the latter terms shall control.

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14. Compliance with Laws: You agree to comply with relevant laws and regulations that apply to your use of the Services, Content or any Submission.

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15. Severability: If any provision in these Terms and Conditions is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.

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16. Governing Law: These Terms and Conditions and all matters relating to access to or use of the Services, including disputes, shall be governed by and construed in accordance with the laws of the State of FLORIDA. Disputes arising here from shall be exclusively subject to the jurisdiction and venue of the appropriate courts in the borough of Miami and State of Florida will have exclusive jurisdiction. Any claim arising out of or in connection with your use of or inability to use the Service or the Content or any Submission must be brought within one (1) year after the event or such claim is barred.

 

If these Terms and Conditions are not accepted in full, you do not have permission to access the site and/or Services and therefore should cease using the Services immediately.