Internet Monitoring Software for Computers,
Mobile Phones and Networks.
Terms of Use
Terms of Use Agreement
This document was last updated on February 28, 2011.
This Terms of Use Agreement sets forth the standards of use of Retina-X Studios websites, programs and services (the “Service”). By using the Service, you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at retinaxstudios.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Retina-X Studios is providing Member with access to monitoring software solutions and services. Member must provide (1) all equipment necessary for their own Internet connection, including computer(s) or mobile phone(s) and (2) provide for Member’s access to the Internet, and (3) pay any fees related to such connection.
2. Disclaimer of Warranties
The Service is provided by Retina-X Studios on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Retina-X Studios makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Retina-X Studios shall have no liability for any interruptions in the use of the Service. Retina-X Studios disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
RETINA-X STUDIOS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR RETINA-X STUDIOS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF RETINA-X STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Indemnification
Member agrees to indemnify and hold Retina-X Studios, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Retina-X Studios reserves the right to modify or discontinue the Service with or without notice to the Member. Retina-X Studios shall not be liable to Member or any third party should Retina-X Studios exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Retina-X Studios does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that Retina-X Studios is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
7. Governing Jurisdiction of the Courts of Florida
The Service is operated and provided in the State of Florida. As such, we are subject to the laws of the State of Florida, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Florida.
8. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
9. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the copyrighted property of Retina-X Studios and/or third parties protected by intellectual property rights.
Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Retina-X Studios is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Retina-X Studios.
All other trademarks displayed on Retina-X’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Retina-X Studios.
10. Refund Policy
Retina-X Studios software sales are final. By agreeing to purchase a product or service, you agree that the decision is final. Retina-X Studios does not grant refunds for simply changing your mind about a purchase. If a technical issue with the software or service occurs, support staff will work with you to solve the issue over the phone. If the technical issue cannot be resolved, then a refund will be issued if the software is proven defective. There are absolutely no refunds after 30 days.
Due to the nature of Retina-X Studios software, some anti virus, anti spyware or other software might detect or hinder the operation of Retina-X Studios software. It is up to the user to ensure a proper operating environment for our software. Refunds are not issued due to software confliction because Retina-X Studios software can run fine by properly configuring your anti virus or anti spyware with our help.
It is the responsibility of the customer to install software to their computer(s) or smartphone(s). Although some Retina-X Studios software contains remote install capabilities, this added feature is just one benefit which works for most situations. Retina-X Studios does not issue refunds for software if the remote user refuses to run it. The customer can still install the software locally.
11. Other Terms
It is a federal and state offense to install monitoring software on any device which you do not own. Check all state, federal and local laws before installing any software. You must always notify a person they are being monitored if they are over the age of 18. You must be over the age of 18 to use or purchase the Service.
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Retina-X Studios in our sole discretion, to a third party in the event of a merger or acquisition.
This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
Software
Monitoring
Company
Other
