Terms & Conditions
8EyedBaby.com ("8EB") provides the 8EB Web site including the 8EB Home Page and other 8EB content (collectively, the "8EB Site") subject to your compliance with the terms and conditions below. PLEASE READ THIS BEFORE ACCESSING THE 8EB SITE. BY ACCESSING THE 8EB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE 8EB SITE.
While visiting the 8EB Site, you may also not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the 8EB Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the 8EB Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the 8EB Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightholder.
8EB has no obligation to monitor the 8EB Site. However, you agree that 8EB has the right to monitor the 8EB Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the 8EB Site properly, or to protect itself or its subscribers. 8EB will not intentionally monitor or disclose any private electronic-mail message unless required by law. 8EB reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
8EB cannot ensure or guarantee privacy for 8EB users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and 8EB and its affiliate and related companies shall be relieved of all liability in connection therewith.
Buying over the Internet
When making purchases or other transactions through the 8EB Site or the Internet, but you may also be asked by the Merchant or information or service provider to supply certain information, Including credit card or other paymen t mechanisms. You agree that all information you provide any merchant or information or service provider through the 8EB Site will be accurate and complete. You agree to pay all charges incurred by you Or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the 8EB Site. 8EB is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.
Limitation of Liability
8EB takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the 8EB Site. Further, 8EB makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the 8EB Site for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall 8EB be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.
If you are dissatisfied with the 8EB Site or with any terms, conditions, rules, policies, guidelines, or practices of 8EB in operating the 8EB Site, your sole and exclusive remedy is to discontinue using the 8EB Site.
You authorize 8EB to collect from any party and to retain all relevant information relating to your use of the 8EB Site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify 8EB to the contrary by e-mailing us, you further authorize 8EB to disclose, on a confidential basis, to any party with whom 8EB has business relations all relevant information relating to your dealings with us and the 8EB Site.
You agree to defend, indemnify and hold 8EB and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the 8EB Site or the Internet or the placement or transmission of any message, information, software or other materials on the 8EB Site or on the Internet by you or users of your account.
8EB™ and other names, logos and icons identifying 8EB and 8EB' products and services referenced herein are trademarks or registered trademarks of 8EB. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.
THE SOFTWARE CONTAINED IN THIS ARCHIVE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL 8EB BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE IN THIS ARCHIVE. USE OF THE FILES CONTAINED IN THIS ARCHIVE ARE GOVERNED BY THEIR RESPECTIVE CREATORS AND MAY CONTAIN RESTRICTIONS ON USE INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENTS TO PROVIDE CREDIT TO THEIR CREATOR IN YOUR MOVIES.
This Agreement, including any and all documents referenced herein, constitute the entire agreement between 8EB and you pertaining to the subject matter hereof. 8EB's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of New Mexico and the federal laws of The United States of America applicable therein.