TERMS OF SERVICE
EYON is a media company providing a platform for live streaming content. EYON provides services to the content creators and the viewers. The content creators are able to live stream their own displays on the Platform which can be a PC, mobile, or console via TV, or any compatible device to the Website and their own personal channel. The viewers can access the channel and interact with the content creator through a live chat feed, follow, subscribe, or give gifts to the content creator.
These are our general terms of service that govern the relationship between EYON (“Company”, “we”, “us”, “our") and any person who buys any product(s) from the Company, or use our services and website (“the User”, “Content Creator”, “Viewer” or “you”). This Terms of Service shall apply to both registered and unregistered users on the EYON.
USE OF EYON
The EYON Services are available to persons over the age of 18. If you are between the ages of 13 and 18, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. The EYON Services are also not available to any users previously removed by EYON or to any persons barred from receiving them under the applicable laws in any jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE EYON SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND 18, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE EYON SERVICES.
BY ACCESSING OUR WEBSITE, YOU FURTHER AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY
“Content creator” - means a registered user who uses the EYON Website to live stream their own content.
“HD video” - means high-definition video which is a video of higher resolution and quality than standard-definition.
“EYON Tokens” - means virtual money that Users can use to purchase Website subscription, channel subscription, gifts for content creators in the virtual store. The content creator can then redeem points for their corresponding value in real life currency.
“User Content” means any audio, visual or audio-visual creations generated by a Content Creator.
“User” means any person who accesses the EYON website and/or services offered by EYON.
“Viewer” - the person who uses the EYON Website to watch the content created by an EYON content creator.
“Website” means a set of related web pages located under eyon.tv domain name, created by the Company as a digital platform to make accessible the services offered by the Company’s best legal and certified sources to the client.
- PRIVACY NOTICE
- USER REPRESENTATION
By using the Website, you represent and warrant that all information you submit will be true and accurate and that you will maintain the accuracy of such information by updating any such information as is necessary; you agree to comply with these Terms of Service.
You agree that you are solely responsible for your content and the consequences of posting or publishing it. You represent and warrant that:
(1) You are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein;
(2) Your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person;
(3) Your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and
(4) Unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of EYON or third parties. EYON reserves all rights and remedies against any users who breach these representations and warranties.
- USER ACCOUNT REGISTRATION.
You are responsible for the confidentiality of your password and agree not to disclose your password to any third party. You are solely liable for any activities or actions taken under your login and password by you or by any third party, whether intentionally or negligently. The Company shall not be liable for any loss or damage arising from any fraudulent use of your account as a result of your failure to safeguard your password
- USE OF OUR SERVICES, SUBSCRIPTION AND ASSOCIATED PRIVILEGES
Usage of the Website is completely free. However, Content creators must be subscribed to the website to be able to stream in HD. A user that subscribes to any channel gains subscription privileges such as a Sub Chat where they can chat with each other. In addition, some content creators offer access to custom emojis based on their content.
EYON offers the following two subscription products to its users which can be purchased using EYON Points:
- Web Subscription which gives Content Creators access to exclusive cosmetics and emojis in addition to other perks detailed on the Eyon pro subscription.
- Channel Subscription which gives viewers, depending on the premium paid, the following privileges:
- First Tier which allows you to chat with the content creator as well as provide cosmetics.
- Second Tier which allows you to access the First Tier as well additional Cosmetics.
- Third Tier which allows you to access the First and Second Tier as well additional Cosmetics.
- THIRD PARTIES
Any reference to any third party on the Website is provided to you for informational purposes only. The Company encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While we work to ensure the information on the Website is current and accurate, we do not warrant the accuracy of any information contained on the Website or its fitness for any particular purpose.
- INTELLECTUAL PROPERTY
The Website and all content therein are exclusively owned, controlled, or licensed by the Company and its subsidiaries or affiliates. The Company’s name, logo, sign, trade name, or any other trademark used in the connection with the Website and or the services of the Company, may not be used without prior permission from the Company.
EYON, the EYON logos, and any other product or service name, logo, or slogan used by EYON, and the look and feel of the EYON Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of EYON, and may not be used in whole or in part in connection with any product or service that is not EYON, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EYON , without our prior written permission. Any use of these trademarks must be in accordance with EYONs Trademark Guidelines.
All other trademarks referenced in the EYON Services are the property of their respective owners. Reference on the EYON Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
Unless otherwise agreed to in a written agreement between you and EYON signed by an authorized representative of EYON, if you submit, transmit, display, perform, post, or store User Content using the EYON Services, you grant EYON and its sub-licensees, for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licensable, nonexclusive, and royalty-free right to: use, reproduce, publish, translate, create derivative works from, distribute, perform, and display such User Generated Content (including without limitation for promoting and redistributing part or all of the EYON Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered.
You will not use the Website to communicate, post, or share information that is abusive, defamatory, fraudulent, contains adult content and/or child pornography, advocates hatred against any person or a person of a protected class based on race, creed, colour or sexual orientation such as bullying, racism, bigotry or any other offensive subject matter, or contains a reference or link to a third-party site that may contain such material.
You will not misuse the Website. You will not commit or encourage a criminal offense and/or illegal activity; will not access the Website through automated or non-human means; transmit or distribute a virus, trojan, worm, logic bomb, or any other material which is malicious and/or technologically harmful, in breach of confidence or in any way obscene; hack into any aspect of the Website; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and the Company will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
- DISCLAIMER OF LIABILITY
The Company nor its affiliates or subsidiaries are not responsible for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to: viruses or other malicious software obtained by accessing, or linking to, our Website or Website Services; glitches, bugs, errors, or inaccuracies of any kind in our Website or Website Services; damage to your hardware device from the use of the Website or Website Services; your reliance on the quality, accuracy, or reliability of job postings, recommendations, composite information, or metrics found on, used on, or made available through the Website. The Company nor its affiliates or subsidiaries, are not responsible for any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of data.
- LINKS FROM THE WEBSITE
The Website may contain links to other sites and resources provided by third parties for your convenience only. The Company has no control over the contents and the operations of those sites or resources and accepts 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 third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- POINTS PURCHASE
On the Website you can buy EYON points that could be used for Website subscription, channel subscription, gifting to creators and the virtual store. These Points can be used for Website subscription, channel subscription, gifting to content creators, the virtual store, and virtual cosmetics for the chat feed. Subscription and gifts to a channel moves points from a user’s wallet to the content creator’s wallet. The content creator can then redeem points for their corresponding value in real life currency.
We charge a fee per transaction. All information is described in detail in the terms of sale.
We use various Payment Methods offered through the Website that may incur added fees or charges. All Payment Methods will be posted on the Website along with any associated fees or charges which may be subject to change without notice.
Upon receiving your payment through the Website, your card will be debited once authorization is received through the payment gateway MyFatoorah. All transactions are secured.
- MODIFICATION OF TERMS
The Company reserves the right to modify these terms and conditions at any given time. Should there be any alterations, the company may notify you at its absolute discretion. Please check this Terms of Service periodically. You agree that we will not be liable to you or any third party for any modifications to this Terms of Service.
You may deregister your account at any time if you so choose. At your request, the Company may deregister your account on the Website. Any sums that were paid for purchasing points are not refundable. The Company reserves the right to terminate your account at any time pursuant to any breaches of this Terms of Service committed by you.
You agree to indemnify, defend and hold harmless the Company, its officers, directors, owners, partners, employees, agents, suppliers, and any third-party information provider to the Website from and against all losses, expenses, damages, and costs, including attorney’s fees, resulting from any violation of these Terms of Services; including negligent or wrongful conduct by you or your use and access of the Website.
- LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law EYON or the EYON parties shall not in any event;
(a) Be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use of or inability to use the Eyon’s services, the content or the materials, including without limitation any damages caused by or resulting from reliance on any information obtained from Eyon, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Eyon’s records, programs, or services; and
(b) Aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the EYON services exceed the amount paid by you, if any, for accessing Eyon services during the twelve (12) months immediately preceding the date of the claim or one hundred dollars, whichever is greater. to the extent that applicable law prohibits limitation of such liability, Eyon shall limit its liability to the full extent allowed by applicable law.
- COMPLAINTS AND FEEDBACK
Should you have any complaints whatsoever, please email us at firstname.lastname@example.org you agree to assist the Company to facilitate the resolution of complaints.
By visiting our website and/or sending an email, you agree to exchange communication with us electronically.
If any provision of this Terms of Service or the application thereof in any particular circumstance, is held illegal, invalid, or unenforceable, such illegality, invalidity or unenforceability shall not affect any other provision hereof and the remaining provisions of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
- FORCE MAJEURE
The parties to this Terms of Service will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labour disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.
These Terms of Service of the Website will be governed by and construed in accordance with the laws of the State of Kuwait, applicable to agreements made and to be entirely performed within the State of Kuwait.
In the event of a dispute arising out of or relating to the use of Website, the parties shall first seek settlement of that dispute by mediation in accordance with the Mediation Rules of the DIFC Arbitration Centre.
If the dispute is not settled by mediation within ten (10) days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC Arbitration Centre. The language to be used in the mediation and in the arbitration shall be English.