“SHARE YOUR STORY” Terms of Use
PLEASE READ THESE Terms Of Use CAREFULLY BEFORE USING OR ACCESSING ANY CONTENT ON THE SHARE YOUR STORY SECTION OF THE THINK ABOUT YOUR EYES® WEBSITE (THE “SITE”) AND/OR BEFORE POSTING ANY CONTENT TO THE SITE.
By visiting, participating, accessing, using, or posting to the Site, you signify your acknowledgment and assent to these Terms of Use, as set forth below. If you do not agree to these Terms of Use, please do not use, access, or post content to (collectively “use”) the Site. Think About Your Eyes is a registered service mark of the Think About Your Eyes Coalition. This website is owned and operated by Essilor of America, Inc. (“Essilor”) and its partners (collectively "we," "us," or “our”). Essilor is free to revise these Terms of Use at any time by updating this posting, and your use of the Site after such change signifies your acceptance of the changed terms. Please check these Terms of Use periodically for changes.
Overview of “Share Your Story”:
“Share Your Story” is a section on the Site where you can read stories submitted by people about their eye care and vision experiences. The aim of “Share Your Story” is to create conversation and promote good vision health. Please keep in mind that not all materials submitted to us will be posted on the Site, and that all decisions about the content to post or not post on the site are within our sole discretion. You agree that any information that you post in connection with “Share Your Story” is true and accurate, and you confirm that you are not being compensated or rewarded in any manner by us or any other party for sharing your story.
Do not take any of the information in the “Share Your Story” section as professional advice or an official communication from us. Posts and comments in this section are not intended to be professional advice or recommendations and do not necessarily reflect our opinions, policies or beliefs.
Your Grant of Rights to Us:
By posting any comment(s) or materials (collectively your “User Content”) on the Site, you grant to Essilor and its partners a non-exclusive, irrevocable, fully paid, universal license to use, copy, exploit, modify or make derivative works, sublicense, transmit, distribute, publicly perform, reproduce, edit, publish, delete or display your User Content, or any portion thereof, in any media now known or hereafter devised without any further right of approval by the you and without any compensation or credit to you. Without limiting the foregoing, you acknowledge and agree that we have the right (but not the obligation) to make your User Content (in whole or in part, edited or unedited) generally available to the public on the Site, or in advertising, promotional or publicity materials for Essilor, its partners, or anyone authorized by them. You agree that we may edit your User Content to improve flow, punctuation, grammar or anything else, provided that we do not change the general meaning of your User Content.
Posting Guidelines for “Share Your Story”:
- You must be 18 years of age or older to post your User Content to “Share Your Story”.
- “Share Your Story” is a place for honest, friendly and courteous conversation about eye care and vision health. It is not a forum for advertising any particular products or service providers, and it is not a forum for commenting on or complaining about or disparaging any particular products or service providers. Your User Content must be true and accurate and reflect your personal beliefs and opinions. You must notify us if you determine that your User Content is no longer true and accurate or no longer reflects your personal beliefs and opinions.
- Please keep all your User Content related to the subject matter of the Site as off-topic submissions will not be posted (or if inadvertently posted, will be deleted).
- Do not post anything that could offend another member of the Site community. Do not post anything obscene, vulgar, sexually explicit, illegal, harmful, threatening, abusive, harassing, humiliating, defamatory, libelous, invasive of someone else’s privacy, or objectionable. It is in our sole discretion what content is offensive. If you have complaints regarding any of the content posted on this Site, please contact us.
- We ask for your full name and email address when you post your User Content. Only your first name and last initial will be published in connection with your User Content. The other information will not be published but may be used to verify your User Content and possibly to contact you in relation to your User Content. Use of personal information collected on the Site is subject to the Privacy Policy posted on the Site.
- Please do not send us any original creative materials such as product ideas or advertising/marketing ideas. Anything you disclose or offer to us by or through this Site including e-mails to us or postings on “Share Your Story” (your “User Content or other Communications”), shall be deemed and shall remain the property of Essilor. If you send us such User Content or other Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such User Content or other Communications. We are free to use, for any purpose whatsoever, any User Content or other Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such User Content or other Communications. By submitting User Content or other Communications to us through this Site or through e-mail or through any means, you hereby release us from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any User Content or other Communications. By uploading or otherwise providing any User Content or other Communications to this Site, you hereby grant to us, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such User Content and other Communications for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded User Content and other Communications have been waived.
- By posting your User Content on this Site, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:
a. You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
b. You will not upload viruses or harmful components.
c. You will not use the website to further any illegal purpose or to violate the rights of any party.
d. You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
Guidelines for Using “Share Your Story”
A variety of information, advice, recommendations, comments, posts, text, and other materials, some of which is provided by us and some of which is User Content provided by you and others (referred to collectively herein as ”Site Content“) may appear on the Site. While we strive to keep the Site Content that we post on the Site accurate, complete, and up-to-date, we cannot guarantee, and we are not responsible for, the accuracy, completeness, or timeliness of any Site Content, whether provided by us or our suppliers, or by users of the Site. Any opinions, advice, statements or other information expressed or made available by users or third parties are those of the respective user or other third party and not of us. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made by third parties on the Site.
We have the right (but not the obligation), and at our sole discretion, to filter, censor, edit, remove, or otherwise regulate information and content provided by third parties on this Site, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.
Notice and Procedure for making Claims of Copyright Infringement:
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be submitted to the following Designated Agent:
Service Provider(s): Essilor of America, Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement: Peggy Hintergardt, Sr.Corporate Counsel
Full Address of Designated Agent to Which Notification Should Be Sent:
13555 N. Stemmons Freeway, Dallas, TX 75234
Telephone Number of Designated Agent: (214) 496-4591
Facsimile Number of Designated Agent: (972) 241-8601
E-mail Address of Designated Agent:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
General Terms:
We make no representations or warranties that this Site is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this Site or of our computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS SITE AND YOU AGREE TO HOLD US, AND OUR PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, AND ALL OF OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS HARMLESS FROM, AND YOU COVENANT NOT TO SUE ANY OF US OR THEM FOR, ANY CLAIMS BASED ON USE OF THIS SITE, INCLUDING CLAIMS FOR LOST DATA, INJURY (TO PERSON OR PROPERTY), WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS SITE.
The pages on this Site may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS SITE IS PROVIDED “AS IS.” WE DO NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Unless otherwise stated, all Site Content is presented solely for audiences in the United States of America. Information published on this Site may contain references to products, programs and services that are not announced or available in other countries or regions. We make no representation that such information, products, programs or services referenced on this Site are legal, available or appropriate in other countries or regions.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America, without giving effect to any principles of conflicts of law. By using this Site, you irrevocably consent to the exclusive jurisdiction of the courts located in Texas in connection with any action arising out of or related to these Terms of Use or their subject matter. By using this Site you agree to waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.
Nothing on this Site shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Essilor or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners.
Except as otherwise noted, Essilor is the owner of all trademarks and service marks on this website, whether registered or not.
If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Privacy:
Please see our Privacy Policy for information regarding the collection and use of personal information from this website.
Contact Information:
If you have questions or concerns about the Site, please contact us.
