EYECON RESOURCES, EYE-C TERMS OF SERVICE

Last Updated: August 26, 2011

Eyecon Resources provides software mobile applications known as Eye-C (“Software”) which allows you to aggregate, search, navigate, access, preview, view route and control personal and premium content (the “Services”). Please read the following terms and conditions and our Privacy Policy, which may be found at http://www.eye-c.com/privacy-policy, and which is incorporated herein by this reference (“Terms of Service”). These Terms of Service govern your access to and use of the Services and, except as otherwise provided in these Terms of Service, all text, graphics, images, music, software, including the Software, audio, video, information or other materials generated by Eyecon Resources and provided through the Services (“Eyecon Content”), and constitute a binding legal agreement between you and Eyecon Resources. The Eyecon Content together with the User Content (as defined below) shall be referred to herein as “Content.”

IF YOU ACCESS THE SERVICES FROM A SOCIAL NETWORKING SITE ("SOCIAL NETWORK") YOU SHALL COMPLY WITH THE TERMS OF SERVICE/USE OF SUCH SOCIAL NETWORK AS WELL AS THESE TERMS OF SERVICE. TO USE THE SERVICES THROUGH A SOCIAL NETWORK, YOU MAY ALSO BE REQUIRED TO HAVE A VALID ACCOUNT ON THE SOCIAL SITE THROUGH WHICH YOU CONNECT TO THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY ACCESSING ANY CONTENT THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH EYECON RESOURCES. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR EYECON CONTENT. Your use of the Eyecontroller application is subject to a different set forth terms and conditions available at http://files.eye-c.com/tos/tos_09-10-2010.pdf.

Modification
Eyecon Resources reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on [INSERT URL] or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of this page. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Services.

Eligibility and Account Registration
In order to access certain features of the Services you must register to create an account (“Account”) and become a “User.” During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Eyecon Resources reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Eyecon Resources of any unauthorized use of your Account.

Fees
Eyecon Resources reserves the right, at any time, to impose or restructure any fees charged for your use of the Services or Eyecon Content. In particular, we may charge fees in addition to any amounts that are imposed by your wireless provider in connection with your use of the Services.

Mobile Services
You understand that your wireless provider’s standard rates and data rates may apply to your use of the Services. By using the Services, you agree to be responsible for any fees that we may impose or are incurred as a result of your use of the Services. You represent that you are the owner or authorized user of the wireless device you use to access the Services and that you are authorized to approve the applicable charges. The Services are only available on certain handsets and mobile devices that Eyecon Resources supports and you acknowledge and agree that Eyecon Resources makes no guarantees that the Services will be available on your handset or mobile device.

Privacy
Please see Eyecon Resources’ Privacy Policy at [link to proper url-http://www.eyecontec.com/content/privacy-policy] for information and notices concerning our collection and use of personal information.

Ownership
The Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, Eyecon Resources and its licensors exclusively own all right, title and interest in and to the Services and Eyecon Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

License
Eyecon Resources grants you a non-exclusive, non-transferable license to (i) install the Software on your mobile device and to use the Software solely as necessary to use the Services and (ii) use the Services and Eyecon Content for your personal use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Eyecon Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Eyecon Resources or its licensors, except for the licenses and rights expressly granted in these Terms of Service.

User Content
Users may post, upload, publish, submit or transmit text, graphics, images, music, software, audio, video, information or other materials to be made available through the Services (“User Content”). By making available any User Content through the Services, you hereby grant to Eyecon Resources a worldwide, irrevocable, perpetual, nonexclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Services. Eyecon Resources does not claim any ownership rights in any such User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User ContentYou acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Eyecon Resources the rights in such User Content, as contemplated under these Terms of Service;and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Eyecon Resources’ use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Feedback
We welcome and encourage feedback, comments and suggestions for improvements to the Services (“Feedback”). Feedback may be submitted by emailing us at support@eyecon.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Eyecon Resources and you hereby irrevocably assign to Eyecon Resources and agree to irrevocably assign to Eyecon Resources all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Eyecon Resources’ request and expense, you will execute documents and take such further acts as Eyecon Resources may reasonably request to assist Eyecon Resources to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

General Prohibitions
You agree that you will not:

Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
Display, mirror, frame or utilize framing techniques to enclose the Services, or any individual element or materials within the Services, Eyecon Resources’ name, any Eyecon Resources trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Eyecon Resources’ express written consent;
Access, tamper with, or use non-public areas of the Services, Eyecon Resources’computer systems, or the technical delivery systems of Eyecon Resources’ providers;
Attempt to probe, scan, or test the vulnerability of any Eyecon Resources system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Eyecon Resources or any of Eyecon Resources’ providers or any other third party (including another user) to protect the Services or any Eyecon Content;
Attempt to access or search the Services or Eyecon Content or download Eyecon Content or User Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the Software and/or search agents provided by Eyecon Resources or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Utilize any meta tags or other hidden text or metadata utilizing a Eyecon Resources trademark, logo URL or product name without our express written consent;
Utilize the Services or Eyecon Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Eyecon Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the Software used to provide the Services or Eyecon Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.

Eyecon Resources will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security issues, to the fullest extent of the law. Eyecon Resources may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Eyecon Resources has no obligation to monitor your access to or use of the Services or Eyecon Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Services, to ensure compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Eyecon Resources reserves the right, at any time and without prior notice, to remove or disable access to any Eyecon Content, or any User Content, that Eyecon Resources, in its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Services.

Copyright and IP Policy
Eyecon Resources respects the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate service and/or access to the Services to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and appears on our Services, please provide Eyecon Resources’ copyright agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Eyecon Resources’ agent for notice of claims of copyright infringement on this Services can be reached as follows: By mail: [insert] by email:[insert]

Termination and Account Cancellation
If you breach any of these Terms of Service, Eyecon Resources will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. Eyecon Resources reserves the right to revoke your access to and use of the Services, Eyecon Content and User Content at any time, with or without cause. You may cancel your Account at any time by sending an email to support@eyecon.com.

Use At Your Own Risk
Your access to and use of the Services and Content is at your own risk. Eyecon Resources will have no responsibility for any harm to any devices, including but not limited to your computer system, wireless device, network attached storage devices or other playback devices, or other loss of data, or other harm that results from your access to or use of the Services or Content. You agree to use the Services only where permitted by law.

Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EYECON RESOURCES EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.EYECON RESOURCES MAKES NO WARRANTY THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EYECON RESOURCES MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICES.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EYECON RESOURCES OR THROUGH THE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.YOU ARE SOLELY RESPONSIBLE FOR ALL OF THE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF THE USE OF THE SERVICES, WHICH TAKE PLACE THROUGH YOUR ACCOUNT. YOU UNDERSTAND THAT EYECON RESOURCES DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES EYECON RESOURCES MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. EYECON RESOURCES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OTHERS OFFLINE OR IN PERSON.IT IS POSSIBLE THAT CERTAIN INDIVIDUALS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES OR CONTENT. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Indemnity
You agree to defend, indemnify, and hold Eyecon Resources, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, Content, or any related violation of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and the use of the Services and Content.

Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT REMAINS WITH YOU. NEITHER EYECON RESOURCES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF THE USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANYOTHER LEGAL THEORY, AND WHETHER OR NOT EYECON RESOURCES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT EYECON RESOURCES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY TO YOU, FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, EYECON RESOURCES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY USER CONTENT UPLOADED ONTO OR DOWNLOADED FROM, OR ANY THIRD PARTY CONTENT ACCESS THROUGH, THE SERVICES. IN NO EVENT WILL EYECON RESOURCES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE LESSER OF THE AMOUNT OF FIVE HUNDRED DOLLARS AND THE AMOUNTS YOU HAVE PAID TO EYECON RESOURCES FOR USE OF THE SERVICES OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EYECON RESOURCES AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Eyecon Resources used herein are trademarks or registered trademarks of Eyecon Resources. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the federal or state courts located in the Northern District of California and each of the parties hereto consents to the personal jurisdiction and venue in such courts.

Entire Agreement
These Terms of Service constitute the entire and exclusive understanding and agreement between Eyecon Resources and you regarding the Services and Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Eyecon Resources and you regarding the Services and Content.

Assignment
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Eyecon Resources’ prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Eyecon Resources may assign or transfer these Terms of Service, in its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

General
The failure of Eyecon Resources to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Eyecon Resources. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.

Contacting Eyecon Resources
If you have any questions about these Terms of Service, please contact Eyecon Resources at info@eyecon.com.