Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions of Use. If you do not agree to all of these Terms and Conditions of Use, do not use this site!
Eating You Alive (“EYA”) may revise and update these Terms and Conditions of Use at any time. Your continued use of the EYA website (the “EYA Website” or the “Site”) will mean you accept those changes.
You may print or save a copy of these Terms and Conditions of Use for your records.
1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the EYA Website conditioned on your continued acceptance of, and compliance with, these Terms and Conditions of Use (“Terms of Use”). You may use the EYA Website and the EYA Content (as defined below) for your noncommercial personal use and for no other purpose. EYA reserves the right to bar, restrict or suspend any user's access to the EYA Website, and/or to terminate this license at any time for any reason. EYA reserves any rights not explicitly granted in these Terms of Use.
2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive EYA's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the EYA Website, any EYA Content (as defined below), or any portion thereof. Further, you may not (i) use the EYA Website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the EYA Website, including EYA Content; (ii) interfere with the proper working of the EYA Website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; (iii) interfere with any other person's use and enjoyment of the EYA Website; or (iv) upload any kind of content that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit, or any material that would give rise to any civil or criminal activity under applicable law or regulations or that otherwise would be in conflict with these Terms of Use or the EYA Privacy Policy (the terms of which are also included by reference within these Terms of Use).
3. Your Acceptance; Revisions to Terms of Use. The EYA Website is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and EYA regarding your use and access to the EYA Website. By using the EYA Website you agree to the Terms of Use.
EYA reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the EYA Website. Your use of the EYA Website signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the EYA Website. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 23, shall apply to a controversy or claim of which EYA had actual notice on or before the date of any such revision.
4. EYA Policies; Additional Terms and Conditions. EYA's Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the EYA Website (collectively "Additional Terms and Conditions") are incorporated herein by reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.
5. Click-Through Agreements. Before using certain areas of the EYA Website you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click Through Agreement will govern.
6. Personal Login Information. Certain features and areas of the EYA Website are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. EYA is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact EYA at the contact information set out here in below immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
7. Privacy Policy. For information about EYA's data protection practices and EYA's use and protection of your personal information, please read EYA's Privacy Policy which is incorporated into and made a part of these Terms of Use.
8. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the EYA Website and not interfere with the use and enjoyment of the EYA Website by other users or with EYA's operation and management of the EYA Website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the EYA Website, including, without limitation, information required to be provided through an EYA registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, EYA reserves the right to terminate your access and use of the EYA Website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the EYA Website, or defame or otherwise harm any party, including EYA, through your use of the EYA Website.
9. User-Generated Content. In some instances, EYA may allow posting of third party content, including without limitation user content or content which you may create. EYA does not claim ownership of content that you post on or through the EYA Website, such as comments or posts that you submit on forums, blogs, or other websites (“User-Generated Content”). When submitting User-Generated Content, you will abide by any terms set by EYA with respect to such submission, all of which terms are incorporated herein by reference. You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by submitting the User-Generated Content, you hereby grant to EYA a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, distribute, modify and creative derivative works of the User-Generated Content, subject to EYA’s Privacy Policy. You agree to post or submit User-Generated Content for non-commercial purposes only, submit all materials in the English language, provide that all submissions are topic or article relevant, and that all content will be legible and comprehensible. With respect to content from the Site that you download under these Terms of Use, the authorization given herein is for a single copy of the material on the EYA Site for your personal, non-commercial use, and only if you include the following copyright notice: “© 2015 Eating You Alive, All Rights Reserved” and any other copyright and proprietary notices that are contained in the content. You agree that you will not upload any including any personally identifiable information (such as name, phone number, email address, social security number, etc.) or other private personal information to the Site and you agree that any upload is non-confidential for all purposes, and you release EYA from any liability with respect to invasion of privacy, rights of publicity, or other similar right or tort action with respect to subsequent disclosure of such content (except for the rights you may have under the Privacy Policy.
10. Proprietary Rights. The content of the EYA Website includes, without limitation, (i) EYA's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "EYA Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the EYA Website (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "EYA Content"). EYA Content is the property of EYA, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any EYA Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from EYA or the owner of such content if EYA is not the owner. Any use of EYA Marks without EYA's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in EYA Content, including any such notices appearing on any EYA Content you are permitted to download, transmit, display, print, or reproduce from the EYA Website.
11. Responsibility for Use of the Internet and the EYA Website. Use of the Internet and the EYA Website is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. EYA does not guarantee the confidentiality or security of any communication or other material transmitted to or from the EYA Website over the Internet or other communication network. EYA shall not be obligated to correct or update the EYA Website, EYA Content or the User-Generated Content and EYA shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the EYA Website. You understand and agree that with using the Site, information will be transmitted over a medium (the Internet) that may be beyond the control and jurisdiction of EYA. Accordingly, EYA assumes no liability for or relating to the delay, failure, interruption, or corruption of data or other information transmitted in connection with the use of the Site.
12. Disclaimer. EYA Content is provided for informational purposes only and is not intended as advice. EYA does not recommend or endorse any specific products, opinions, or any other information that may be mentioned at the Site. Reliance on any information at the Site is solely at your own risk. The Site may contain materials that are sexually explicit or offensive. If you find such materials offensive, you may not want to use the Site.
13. User Information. The EYA Website, including any public forums which you may access via the EYA Website, may contain confidential or personal information of users ("User Information"). State and federal laws may impose obligations with respect to confidentiality that may limit your ability to receive, disclose, or make use of User Information, including transmitting User Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of User Information. You are solely responsible for obtaining and maintaining any consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of User Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of User Information.
14. Third Party Information. The EYA Website may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content or other information made available by third parties such as content providers and other users of the EYA Website are those of the respective third party and not of EYA or its affiliates. EYA makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
15. Advertisers. The EYA Website may contain advertisements of third parties. The inclusion of advertisements on the EYA Website does not imply endorsement of the advertised products or services by EYA. EYA shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the EYA Website. Further, EYA shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the EYA Website. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
16. Links to Third Party websites. The EYA Website may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which EYA exercises no control. The appearance of any such third party links (provided by EYA or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the EYA Website, you do so entirely at your own risk.
17. Links to EYA Website and EYA Content. Links posted by third parties to the EYA Website and/or EYA Content may not use EYA trademark or logo and shall not suggest that EYA promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the EYA Website shall be the responsibility of the linking party. EYA reserves the right to require any linking party to disable or remove any link that violates EYA's rights or causes interruption or deterioration of EYA Content.
18. Warranties Disclaimed. THE EYA WEBSITE AND EYA CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER EYA, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "EYA PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE EYA WEBSITE OR EYA CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE EYA WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EYA WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) EYA CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE EYA WEBSITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
19. Limitation of Liability. EYA PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DEYAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE EYA WEBSITE AND/OR ANY EYA CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE EYA WEBSITE AND/OR EYA CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE EYA WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE EYA WEBSITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EYA WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE EYA WEBSITE ARISING OUT OF CAUSES BEYOND EYA'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, EYA CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE EYA WEBSITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE EYA WEBSITE OR EYA CONTENT.
In the event you are dissatisfied with, or dispute, these Terms of Use, the EYA Website and/or EYA Content, your sole right and exclusive remedy is to terminate your use of the EYA Website, even if that right or remedy is deemed to fail of its essential purpose. You confirm that EYA has no other obligation, liability or responsibility to you or any other party.
20. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND EYA'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
21. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless EYA Parties from and against all claims arising from or in any way related to your use of the EYA Website and/or EYA Content, a violation by you of these Terms of Use, or any other actions connected with your use of the EYA Website and/or EYA Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees. EYA will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to EYA Parties other than under this Section.
22. Term and Termination. These Terms of Use will take effect at the time you begin using the EYA Website. EYA reserves the right, with or without notice, at any time and for any reason to deny you access to the EYA Website or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use EYA website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the EYA Website, including any EYA Content, in your possession.
23. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Nashville, Tennessee. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Tennessee and/or the United States District Court for the Middle District of Tennessee shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. EYA reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue class action or class-wide arbitration shall be brought only in the United States District Court for the Middle District of Tennessee or any State of Tennessee court located in Davidson County, Tennessee.
24. Governing Law. These Terms of Use and all matters regarding your use of the EYA Website shall be governed by, construed in accordance with, and enforced under the laws of the United States of American and the State of Tennessee applicable to contracts made and executed and wholly performed in the State of Tennessee, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
25. Waiver and Severability. The failure of EYA to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
26. Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and EYA relating to the EYA Website and its use by you, and supersedes any previous written or oral communication regarding use of the EYA Website.
27. Contact Information. If you have any questions or concerns regarding these Terms of Use or the EYA Website, please visit our "Contact Us" page.
28. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the EYA Website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
29. Use of EYA Website and EYA Content outside of the United States. EYA makes no claims regarding access or use of the EYA Website or EYA Content outside of the United States. If you use or access the EYA Website or EYA Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.
30. Notice and Takedown Procedures/Copyright Agent. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting EYA's copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
EYA's agent for copyright issues relating to this web site is as follows:
Eating You Alive
Attn: Office of Privacy –Merrilee Jacobs
P.O. Box 1267
Collegedale, TN 37315
Or email: merrilee@eatingyoualive.com
In an effort to protect the rights of copyright owners, EYA maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
We thank you for your cooperation and agreement. We hope you find the EYA Site helpful and convenient to use. Questions or comments regarding this Site, including reports of non-functioning links, may be submitted using our “Contact Us Form”
Revised October, 2015