Terms of Use

The website and platform available at www.eyeappealinc.com (including, without limitation, all subdomains and pages of the foregoing and any mobile or other applications associated with the foregoing, collectively, the "Website" or the "Site") are owned by Eye Appeal, Inc. ("Company", "Eye Appeal", "we", "us", or "our"), a platform and services for collectors and by collectors that solicits, gathers, and features public grades and reviews of various collectibles to aid collectors (including both buyers and sellers of collectibles) by providing public and market reviews and information separate and apart from technical grades assigned to collectibles from professional grading and authentication agencies, organizations, and services.

This Website aggregates the reviews and opinions of the collectors who post reviews and uses that data to fuel a unique scoring system that allows us to rank each graded collectible item based on its visual/aesthetic appeal.

We operate this Website, and we own (or license) the products and services available through this Website (including mobile or other applications) or that reference or link to these Terms of Use, including access to and use of the Eye Appeal review platform (as referenced and described on the Website) and any and all tools, functions, and products accessible on or through the Website (collectively, the "Products and Services" and/or the "Products" or the "Services," as the context dictates).

Before any user or visitor to the Website ("you" or a "user"), including any person or entity who uses any Products or Services (including any critics or other reviewers), can use any of our Products and Services, you must agree to all the terms that govern our relationship with you. These Terms of Use (the "Terms" or "Agreement") apply to all visitors to and users of the Website, as well as to all users of the Products and Services. These Terms include the Privacy Policy, any costs, subscription plans, pricing, etc. and other terms set forth on or accessible through the Website, and the FAQs, as well as any other documents, terms, and agreements accessible on or through the Website or that you may enter into with us in connection with any transactions, uses, or conduct on or through the Website, and all such documents and agreements are hereby incorporated in these Terms as though set forth herein in full.

1. No Users Under the Age of 18

Persons under the age of eighteen (18) are not eligible to use this Website or to purchase any of our Products and Services, and we ask that minors and children do not "Sign Up" (defined below), submit any personal or confidential information to us, or otherwise access or use this Website or its Products or Services.

2. Registration/Sign Up Obligations

To access and utilize certain Products and Services on this Website, including using the reviewing platform or the collectibles marketplace for auctions and sales, you will be required to create an account and user ID or otherwise sign up and provide certain information we request ("Sign Up") for you to become an authorized user of our Products and Services.

If you Sign Up as a user in any permitted capacity (e.g., as a collector who is looking to get an opinion on a collectible, as someone seeking opinions on items they are selling or buying, as a reviewer (whether a public reviewer ("Community Reviewer") or "Council Member" of any "Council of Eyes"), or just as a collector who desires to show and evaluate collectibles, etc.), you agree to provide us with true, accurate, current and complete information about yourself and/or your business as requested by us ("Registration/Sign Up Information").

The Registration/Sign Up Information may include name, e-mail address, business name (where applicable), home and/or business address, billing address, phone number, and other relevant information about you and/or your business, such as accurate payment and shipping data.

All personal information that you provide to us or that we otherwise collect from you, including the Registration/Sign Up Information, is collected, used, retained, and/or stored subject and pursuant to our Privacy Policy. You agree that all information you provide to us (including any Registration/Sign Up Information, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

3. Eligibility; Confidentiality of Codes, Passwords, and Information; Availability of Website and Products and Services

Use of this Website and of all Products and Services is void where prohibited.

You agree to treat as strictly private and confidential any user ID and related password that you may have received or that you created for your account or that otherwise is required for entry to this Website or to any tool, platform, or other Product or Service that we provide and all information to which you have access through password-protected areas and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

4. Rules of Behavior Regarding this Website

You may use the Website and our Products and Services only for lawful purposes and in accordance with the Terms, and you may never engage in any of the following activities:

5. User Contributions; Compliance with Privacy and Data Protection Laws and Other Applicable Laws

The Website contains and offers certain interactive features and Products and Services and may in the future contain and offer additional interactive features and Products and Services. Interactive features and Product and Services include and, in the future, may include, by way of example, portals, platforms, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, commentary threads related to "Community Reviews," and other interactive features (collectively, "Interactive Services") that allow authorized users to post, submit, publish, display, or transmit to other users or other persons ("post") content, data, images, or any other materials of any kind (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out below in these Terms.

6. Monitoring and Enforcement of Conduct and Content (Including Our Suspension/Termination Rights)

Please note that, while we cannot review or monitor User Contributions and other content, we have the right to:

• Remove or refuse to post any User Contributions for any reason in our sole discretion
• Take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website
• Terminate or suspend your access to all or part of the Website, and any tools, Services, Products, or memberships or programs offered

7. Content Standards

Please note that, with respect to any User Contributions that you upload to this Website (including, without limitation, in connection with any Interactive Services), you are solely and completely responsible for determining whether your use of such User Contributions (including reviews or other information related to or concerning any collectibles) requires the consent of any third party or the license of any additional rights for your intended use or any specific notice.

8. Intellectual Property

The contents and features of the Site, including, without limitation, text, graphics, images, logos, designs, audio or video clips, digital downloads, information, data compilations, databases, applications, tools, software, and technology (and the design, selection, and arrangement of any of the foregoing), and all other content, information, features, or materials used by us in the operation of this Website, our business, and the provision of our Products or Services are protected by applicable laws, including, but not limited to, United States copyright law, trademark law, and patent law, and the laws of the State of California, and various international treaties and agreements.

9. Reviewers and Other Users (Including Council of Eyes, Community Reviews, Etc.)

Users who agree to all terms and conditions herein and on the Website and Sign Up will be permitted to submit reviews for various collectibles. Users, including such reviewers, also may utilize the platform for organizing, cataloging, and tracking collectibles, as well as uploading information, photos, or other data about the collectible items. Furthermore, our marketplace will allow user to buy and sell collectibles, including by auction.

10. Payments; Prices

Any payments for Products or Services, including, but not limited to, any access and use of the collectibles platform or marketplace, and any underlying software, whether by subscription or otherwise, are governed by the prices and costs set forth on the Website or in any additional agreements that you enter into with us (which terms would supersede any conflicting terms in this Agreement or the Website).

11. User Disputes

We reserve the right, but have no obligation or responsibility, to monitor any interactions between you and any other users, including with respect to any disputes. You have the ultimate liability as to disputes with other users.

12. Promotional Information

The Site may display or provide information regarding specific programs, offers, or promotions, including special programs for members of the Council of Eyes (including, e.g., the Rewards Program discussed above in Section 9) ("Promotional Offers"). Any such Promotional Offer is subject to its specific terms, conditions, and restrictions.

13. Links to/from Other Sites

Links to other sites we think may be of interest to you may be provided for your convenience. By providing these links, we are not endorsing, sponsoring, or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services, or other situations at or related to or from any other site.

Please keep in mind that whenever you give out information online, that information can be collected and used by people you don't know. We cannot, and do not, guarantee the security of any information you disclose online; you make such disclosures at your own risk.

14. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, sponsorship, or endorsement on our part without our express written consent.

15. Geographic Restrictions

The owner of this Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.

16. Disclaimers

17. Indemnification (and "Indemnified Parties")

You hereby indemnify, defend, and hold us and each of our partners, subsidiaries, parents, affiliates, franchisees, licensees, licensors, and each of our and such person's or entity's members, officers, directors, agents, representatives, contractors, subcontractors, licensees, permittees, and employees (collectively, the "Indemnified Parties") harmless from and against any and all third-party allegations, demands, claims, liabilities, damages, fines, penalties, or costs of whatsoever nature (including reasonable attorneys' fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise ("Claims").

18. Limitation of Liability; Damages Cap

19. Jurisdictional Issues, Including Availability in Foreign Jurisdictions and Export Control

The content and services described in and available through the Site may not be available in all jurisdictions. We make no representation that the services or content offered in or featured on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.

By downloading or using any software, where permitted, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above restricted lists or subject to such restrictions.

20. Termination of Access; Survivability of Terms

Your access to the Site may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this Agreement (including any additional agreement you may have entered into with us, including, but not limited to, the Rewards Program, or any terms and any terms on the Site).

21. Dispute Resolution and Arbitration

22. 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 should be sent to our "Designated Agent." Notification under Title 17, United States Code, Section 512(c)(3) must be submitted to the following Designated Agent:

23. General Provisions

24. Feedback; Assistance

Any feedback, comments, requests for assistance, and other communications relating to the Website or our Products and Services may be directed to us at support@eyeappealinc.com.