These Terms of Service (“Terms”) govern your use of the Evolve Omega Academy mobile application (the “App”), operated by Eye To Eye Media LLC (“we”, “us”). By creating an account or using the App, you agree to these Terms. If you do not agree, do not use the App.
You must be at least 13 years old to use the App. If you are under the age of majority where you live, you may use the App only with the involvement of a parent or legal guardian.
You are responsible for the accuracy of the information you provide, for keeping your sign-in credentials confidential, and for all activity that occurs under your account. Notify us immediately at [email protected] if you believe your account has been accessed without your authorization. One person may not maintain more than one account without our permission.
When using the App, you agree not to:
You retain ownership of the content you submit to the App. By submitting content, you grant us a limited, worldwide licence to host, store, reproduce, and display that content for the purpose of operating and providing the App. This licence ends when you delete the content or your account, except where the content has been shared with others who have not deleted it, and except for retained backup copies.
You are solely responsible for the content you submit. We do not endorse any member content.
We may review, moderate, edit, or remove content, and may suspend or terminate accounts, at our discretion and without notice, where we believe these Terms have been breached.
To report objectionable content or abusive behavior, use the report option on the content itself or email [email protected]. We review reports of objectionable content and abusive behavior and act on them within 24 hours, which may include removing the content and removing the member responsible.
The App, including its design, text, graphics, logos, and software, is owned by Eye To Eye Media LLC or its licensors and is protected by intellectual property laws. These Terms do not grant you any right to use our name, logos, or trademarks without our prior written permission.
The App may link to or interoperate with third-party services. We are not responsible for the content, policies, or practices of third parties, and your use of those services is governed by their own terms.
We may modify, suspend, or discontinue the App or any of its features at any time. We may also update these Terms; when we do, we will revise the “Last updated” date above and, where the change is material, notify you through the App or by email. Continuing to use the App after a change takes effect means you accept the revised Terms.
You may stop using the App at any time and may request deletion of your account as described in our Privacy Policy. We may suspend or terminate your access if you breach these Terms or if we discontinue the App. Sections 4, 6, 10, 11, and 12 survive termination.
The App is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will operate without interruption, without error, or that it will be secure.
To the fullest extent permitted by law, Eye To Eye Media LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, goodwill, or business, arising out of or relating to your use of the App. Our total aggregate liability arising out of or relating to the App will not exceed one hundred United States dollars (US$100).
Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
You agree to indemnify and hold harmless Eye To Eye Media LLC and its officers, members, and agents from any claim or demand, including reasonable legal expenses, arising out of your content, your use of the App, or your breach of these Terms.
These Terms are governed by the laws of the State of Washington, United States, without regard to its conflict of law rules. The state and federal courts located in King County, Washington will have sole jurisdiction over any dispute arising out of these Terms, and you consent to their jurisdiction.
These Terms are between you and Eye To Eye Media LLC only, and not with Apple Inc. or Google LLC. Apple and Google are not responsible for the App or its content and have no obligation to provide support for it. Apple and Google are third-party beneficiaries of these Terms and may enforce them against you.
These Terms, together with our Privacy Policy, are the entire agreement between you and us concerning the App. If any provision is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce any provision is not a waiver of it.
Questions about these Terms may be sent to [email protected] or (206) 898-4249.