It is critical that you read all of these TERMS OF USE. They contain important information regarding the nature of the content and links that you may find on the SITE. They outline liability limitations and disclaimers that apply to EYEGAMES in connection with your use of the SITE. They also address certain restrictions and warnings on what you may do with the materials that you find on the SITE. These TERMS OF USE are a legally binding document.

EYEGAMES may update, modify, or otherwise change these TERMS OF USE from time to time, even without prior notice to you. Those updates, modifications, and changes will be fully binding on you from the time they are posted. You can always review the most current version of our TERMS OF USE on the SITE, and are urged to do so, on a regular basis. Any changes that are made to the TERMS OF USE will be binding on you even if you haven't read them or are not otherwise aware of them. It is your responsibility to read these TERMS OF USE and keep apprised of all changes to them.

1. CONTENT AND USE OF CONTENT
All information, data, text, software, music, sound, photographs, graphics, video, messages, and other information and materials that you find at the SITE ("CONTENT") is either the property of EYEGAMES or a 3rd party owner as indicated by its trademark notice. You may not sell, license, rent, lease, sublease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any CONTENT without prior written authorization from the owner or the authorized licensee of that CONTENT.

2. BANNERS, ADVERTISEMENTS, AND PROMOTIONS
EYEGAMES reserves the right to post banners, advertisements, promotions, and similar content throughout the SITE. The manner, mode, location, and extent of such postings are subject to change. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties (collectively, "THIRD PARTY BUSINESSES") found on or through the SITE, or your participation in any of their promotions or offers, including payment and delivery of related goods or services and any other terms, conditions, warranties, or representations associated with such interactions, are solely and entirely between you and the THIRD PARTY BUSINESSES. EYEGAMES is not and shall not be liable for any harm, loss, or damage of any kind that you may incur as a result of any such interactions, correspondence, or business dealings.

3. LINKS TO OTHER SITES AND RESOURCES
The SITE may link to other World Wide Web sites or resources (collectively, the "THIRD PARTY RESOURCES"). EYEGAMES does not maintain such THIRD PARY RESOURCES, nor have any control over them. EYEGAMES does not endorse, approve, or sponsor any of the THIRD PARTY RESOURCES, or any content, advertising, information, materials, products, services, or other items on or available from them (collectively, the "THIRD PARTY MATERIALS"). EYEGAMES disclaims all liability for the availability, performance, accuracy, source, quality, and integrity of the THIRD PARTY RESOURCES and THIRD PARTY MATERIALS, and the compliance of the THIRD PARTY RESOURCES and THIRD PARTY MATERIALS with any law or regulation. EYEGAMES is not and shall not be liable for any harm, loss, or damage of any kind caused or alleged to be caused by or in connection with your use of or reliance on any THIRD PARTY RESOURCES or THIRD PARTY MATERIALS.

4. COPYRIGHTS AND TRADEMARKS
All CONTENT on the SITE is owned by, or licensed to, EYEGAMES. The compilation (meaning the collection, arrangement, and presentation) of all CONTENT on the SITE is the exclusive property of EYEGAMES and is protected by U.S. and international copyright and other intellectual property laws and regulations. In addition, all CONTENT is protected by U.S. and international intellectual property and other laws and regulations, and all trademarks, logos, and other marks (collectively, the "TRADEMARKS") displayed on the SITE are registered and unregistered marks of EYEGAMES and others. Except as expressly set forth in these TERMS OF USE, nothing contained on this SITE may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any CONTENT or TRADEMARK displayed on the SITE without the prior written consent of its owner or authorized licensee.

5. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. EYEGAMES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EYEGAMES MAKES NO WARRANTY THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS, (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) YOUR USE OF THE SITE WILL ACHIEVE ANY PARTICULAR RESULT, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) WILL MEET YOUR REQUIREMENTS, OR (E) ANY ERRORS IN OUR SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED AND ANY MATERIAL, PRODUCT, OR SERVICE OBTAINED THROUGH THE USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY ITEMS) IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU'LL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA AND DAMAGE TO YOUR COMPUTER SYSTEM AND ANY OTHER PROPERTY ITEM THAT RESULTS FROM ANY SUCH ACTIVITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EYEGAMES OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE SITE TO YOU.

6. LIMITATIONS OF LIABILITY
EYEGAMES WILL NOT AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) ANY USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (E) ANY OTHER MATTER RELATING TO THE SITE OR ANY THIRD PARTY RESOURCES, THIRD PARTY MATERIALS, OR THIRD PARTY BUSINESSES. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE SITE TO YOU.

7. EXCLUSIONS TO LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or limitations or exclusions of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you.

8. CONDITION TO USE OF SITE
As a condition to your use of the SITE, you represent and warrant that you will use the SITE in compliance with these TERMS OF USE and all applicable laws and regulations.

9. GENERAL PROVISIONS
These TERMS OF USE constitute the entire agreement between you and EYEGAMES regarding your use of the SITE, superseding any prior agreements, if any, between you and EYEGAMES, including, without limitation, any prior versions of these TERMS OF USE. You also may be subject to additional terms and conditions that may apply when you use affiliate or other EYEGAMES services, third-party content, or third-party software. These TERMS OF USE and the relationship between you and EYEGAMES shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the County of San Francisco, State of California. The failure of EYEGAMES to exercise or enforce any right or provision of these TERMS OF USE shall not constitute a waiver or relinquishment of such right or provision, or any other right or provision. If any provision of these TERMS OF USE is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to your and our intentions as reflected in the provision, and the other provisions of these TERMS OF USE will remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the SITE or these TERMS OF USE must be filed within one (1) year after such claim or cause of action arose or be forever barred.