Terms of Use

Retina-X Terms of Use

Terms of Use Agreement


This document was last updated on November 12, 2014.


This Terms of Use Agreement sets forth the standards of use of Retina-X Studios, LLC 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.

 

DESCRIPTION OF SERVICE

DISCLAIMER OF WARRANTIES

LIMITATION OF LIABILITY

INDEMNIFICATION

MODIFICATIONS AND INTERRUPTION OF SERVICE

THIRD-PARTY SITES

GOVERNING JURISDICTION OF THE COURTS OF FLORIDA

COMPLIANCE WITH LAWS

COPYRIGHT AND TRADEMARK INFORMATION

ALLOWED USES

OTHER TERMS

PRIVACY POLICY


1. Description of Service

Retina-X Studios, LLC 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, LLC on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Retina-X Studios, LLC 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, LLC shall have no liability for any interruptions in the use of the Service. Retina-X Studios, LLC 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, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR RETINA-X STUDIOS, LLC 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, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

4. Indemnification

Member agrees to indemnify and hold Retina-X Studios, LLC, 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, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. Retina-X Studios, LLC shall not be liable to Member or any third party should Retina-X Studios, LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Retina-X Studios, LLC 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, LLC 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, LLC 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, LLC 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, LLC.

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, LLC.

 

10. Refund Policy

If you experience technical issues with our software, we will work with you to resolve these issues in a timely manner. If these issues cannot be resolved in a timely manner, a refund of the purchase price will be issued if the software is proven defective. We reserve the right to refund an order and discontinue support and service if you are threatening us or we determine you are using the service for disallowed purposes.

Customers are made aware by the documentation on this web site and specific product web sites that, as the owner of the phone, tablet, and/or computer to be monitored, unrestricted physical access to the phone, tablet, and/or computer to be monitored is required. Unrestricted physical access is defined as:

 

● Customer has access to the device while the phone and/or tablet to be monitored is in their hands and/or direct physical access to the computer to be monitored.

● Customer has all passwords, pass codes, lock screen codes, etc. to unlock the phone, tablet, and/or computer to be monitored to gain access.

● Customer has properly de-activated and/or configured the computer’s anti-virus program to allow the software to run unencumbered on the computer to be monitored.

 

If a customer purchases any Retina-X Studios, LLC software and does not meet the criteria outlined above, refunds will not be issued due to this situation.

 

As it pertains to jailbreaking an iPhone and/or iPad, Retina-X Studios, LLC is not responsible for this process or assisting in this process as it is not a Retina-X Studios, LLC product or service. The compatibility pages on this web site clearly outlines that all iPhones and/or iPads must be jailbroken prior to installation and also, at the point of purchase, the customer agrees to this requirement. It is the customer’s responsibility to jailbreak their iPhone or iPad on their own prior to purchasing the software. Refunds will not be issued to any customer who is either unable or unwilling to jailbreak their iPhone and/or iPad.

 

Also, if a customer purchases a Retina-X Studios, LLC computer monitoring program and cannot bypass, remove, or configure their anti-virus program to allow the software to function on the computer they own and wish to monitor, we are not liable for refunds due to this situation.

 

Additionally, refunds will not be given for any incompatibility issues. Incompatibility situations would include:

 

● The phone, tablet, and/or computer to be monitored is running an operating system version that is not supported outlined on the compatibility pages on this web site for the specific software to be used.

● A customer chooses (at their own discretion) to upgrade the phone, tablet, and/or computer they wish to monitor and the new desired phone, tablet, and/or computer to be monitored is running an operating system version that is not supported outlined on the compatibility pages on this web site for the specific software to be used.

● The customer’s underage child / employee upgrades the operating system version on their phone, tablet, and/or computer being monitored (irrespective to the owner’s wishes) to an operating system version that is not supported outlined on the compatibility pages on this web site for the specific software to be used.

 

The compatibility pages on this web site outline all of the compatible operating systems and versions that Retina-X Studios, LLC software supports so that proposed customers thinking of purchasing a Retina-X Studios, LLC program will know which phones, tablets, and/or computers and operating system versions are compatible prior to purchase.

 

Refunds are not issued if your child or employee performs a complete reset of the device that will, in turn, remove all installed software from the device including this monitoring software. If your child employee performs a device reset, it is your responsibility to gain access to the device to reinstall our software in order to continue to monitor that individual’s activities. Additionally, if your child or employee either claims to have discovered this software and/or has removed the software against your wishes, a refund will not be issued. As stated previously, it is your responsibility to alert your underage child or employee using a company-issued device that you are monitoring their activities.

 

Any customer who claims that their purchase was made in error or submitted fraudulent information will forfeit their right to any refund and will be held liable for all charges for the transaction. Our web site has built-in safeguards to prevent one-click purchasing by mistake. Also, if you feel someone has made the purchase using your information, Retina-X Studios, LLC requests you contact your bank to submit a fraudulent charge alert so that the bank can contact the appropriate parties to have it resolved.

 

Please be aware that once you enter a new license plan billing cycle, refunds will not be given for that new time period. If you wish not to renew, please contact us well in advance of the renewal date so that the account can be de-activated and no new charges will incur. It is the customer’s responsibility to keep records on their license plan periods.

 

Please be aware that all refunds result in immediate discontinuation of services and support.

 

All sales are final.

 

11. Allowed Uses

 

Retina-X Studios, LLC products are designed only to be used to monitor your child or employee. Retina-X Studios, LLC defines each as:

 

● Child: Your own legal child that is under the legal age of 18 (as defined by US law). The child must be monitored using a compatible phone, tablet, and/or computer running a compatible operating system that you own. You cannot monitor a child if you hold one of the following relationships:

 

▪ Brother / Sister
▪ Step-Brother / Step-Sister
▪ Step-Father / Step-Mother
▪ Aunt / Uncle
▪ Cousin / Nephew
▪ Grandfather / Grandmother
▪ Great-Grandfather / Great-Grandmother

 

Employee: Your employee at a company you own OR an employee at the same company as you and you have managerial responsibilities for. The employee must be monitored using a compatible phone, tablet, and/or a computer running a compatible operating system owned by the company and issued to the employee under your company’s policies regarding company equipment. The employee MUST give their consent and be notified they are being monitored before monitoring can begin.

 

Retina-X Studios, LLC products cannot be used to monitor any other individuals (such as a spouse, friend, significant other, parolee, probationer, etc.). This would violate the terms you agreed to at the point of purchase and be subject to immediate termination without reimbursement.

 

12. Other Terms

 

You agree that you will comply fully with all relevant export laws and regulations applicable to you, including, without limitation, the U.S. Export Administration Regulations if you are a resident of the United States (collectively referred herein as 'Export Controls'). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Software, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.

 

If you are entering into this Agreement on behalf of any agency or instrumentality of the United States Government, the Software is 'commercial computer software' and 'commercial computer software documentation' and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction, and disclosure of the Software are governed by the terms of this Agreement.

 

You agree that you will not (1) intercept, examine or otherwise observe any proprietary communications protocol used by the Software, whether through the use of a network analyzer, sniffer or other program or device; or (2) use any type of virus, clock, timer, counter, worm, bot, spider, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Software.

 

You must be at least 18 years of age to purchase any of our products. You agree that you will not allow any other party to register your account, install or use the software or account login. The account email registered to the account must match the account email used during purchase.

 

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. 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, LLC 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.