General Terms and Conditions

Regarding website, please write to:
EYE CATCHER S.L.
1958 South 950 East
Provo,Utah 84606
United States
or directly in regards of our projects:
inquiries@eyecatchersl.com

From our lawyers:

Our Terms and Conditions

Please read the following terms and conditions very carefully. Its long but necessary. As we are an international operating company we have to opt for the english version of our terms and conditions only. You agree to be sufficiently knowledgeable of the english language to read and understand these terms and conditions. If you choose to use ‚EYE CATCHER SL.COM’s‘ site or the ‚mycallapp.com‘ site in connection with ‚EYE CATCHER SL.COM’s‘ mobile application like ‚Call Sheets‘ or ‚Call Sheet‘ or any of the features of our site (collectively, the ‚EYE CATCHER S.L.’s‘ services), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you (‚YOU‘) and ‚EYE CATCHER S.L. APPL’s‘ or ‚EYE CATCHER S.L.‘ or ‚EYE CATCHER SL.COM’s‘ (‚US‘ , ‚WE‘ or ‚OUR‘). From time to time, we may alter, add or remove portions of these Terms of Service, which becomes effective immediately upon posting. Please review these Terms of Service prior to each use of our Site as it is your sole responsibility and by continuing to use our Site, you agree to any changes.

I.Content Of The Services

The contents of services, including use of our sites, are intended for your workflow within your own company. You may upload/download through your personal device(s) or copy the uploaded content posted by you and other downloadable items displayed on services for your workflow use. You agree hereby to maintain all copyright and other notices contained therein. Copying or storing of any content for other than your workflow use is hereby prohibited without prior written permission from us.

Ia. User Generated Content: Submissions

You shall not upload distribute/publish on to the services any libelous, defamatory, obscene, pornographic, abusive illegal material, that is not connected to your production. The Services shall be used only in connection to your production ,i.e. for your workflow only. You shall not, without the approval from us, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. You are solely responsible for the content of your submissions. However, while we do not and cannot review every submission done by you we cannot be responsible for the content of these files, we reserve the right to delete, move these submissions that are abusive, defamatory, obscene or otherwise unacceptable.

II. Representations And Warranties

a.You hereby indemnify, defend and hold harmless ‚EYE CATCHER SL‘ and their third parties from and against any and all liability and costs regarding our services provided. You hereby agree to cooperate fully in the defense of any such claim. We do not represent the information/files displayed, uploaded, or distributed through the services by any user. You acknowledge that any reliance upon any such submissions, rushes, dailies, memorandum, scripts , call sheets or any other information shall be as usual at your sole risk. THE SERVICES ARE OFFERED ON AN „AS IS“ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED . YOU HEREBY ACKNOWLEDGE THAT USE OF THE ACTIVE SERVICE IS AT YOUR SOLE RISK.

III. Signing Up And Security

a. By creating an account, you will create login credentials by selecting a password and providing an e-mail address. You have to give certain registration information which must be accurate and updated. Each account is for a single user/one production company only. Obviously you cannot be allowed to share your registration login credentials or give your login credentials to anyone else other than to your designated staff. We may be forced to cancel or suspend your access to our services if you share your login credentials with unauthorized personnel, who is not in connection with your production or project. You are responsible for the confidentiality of passwords, which will not be known to us. You are not allowed to:
(i) select or use the login credentials of any other person than yourself;
(ii) use login credentials which another person has rights to without such person’s authorization by You. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which can result in the immediate termination of your account. Please notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information within 24 hours.You are alone responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your login credentials.

IV. Fees And Payments

We have to charge a weekly fee for our services as a subscription that includes a 10% donation for a reforestation fund. The offers and prices of such subscriptions are listed online and are based in EURO.It’ll be accepted and confirmed by you through electronic transmission. Please keep in mind that separate agreements are only valid if done with us in writing. The validation of prices is the price on the day of the showing. Such subscription is initially formed on a weekly or yearly basis plus one week trial and it renews itself automatically with the ending of the booked time period for that specific subscription unless otherwise agreed upon before or being paused by you. You are aware that an automatic renewal of an existing time period is intended unless being otherwise discussed in writing by the parties beforehand. There cannot be any refunds unless you can provide reasonable grounds. Please submit these in writing to our headquarters in due time. You shall pay all fees and charges connected to your account in advance at the rates in effect for the intended period . All fees and charges shall be billed to and paid for by you in advance. Your billing will include a 10% donation to an important environmental foundation of our choice, which is at this time (2013)’THE WORLD RAINFOREST FUND‘. As a E.U. supplier of web-hosting services to customers within the European Union (E.U.), EYE CATCHER SL is required to comply with the European VAT (Value Added Tax) regulations and charge VAT to customers located in the E.U., however, customers categorized as business users within the E.U. may be required to self-account for VAT under EC Directive 2011/112, Art 196, using the reverse charge mechanism. For EYE CATCHER to determine if you may fall into this category and not charge you VAT, you must supply all necessary information.If you reside outside the EU you will not be charged VAT. Please contact your tax adviser because you alone are responsible for paying all applicable taxes relating to your use of the Services through your account. Please note:If your hosting account accrued charges BEFORE you supplied the necessary information to us, VAT can be charged on all purchases prior to the change.

If you are not familiar with the VAT self-accounting rules in your country, please contact your accountant or professional adviser for more information.

V. Software Licenses

Of course, you may not copy, distribute, modify, reverse engineer, or create derivative works from the source code of ‚Call Sheet‘ or ‚Call Sheets‘ or the basic idea of ‚Call Sheet‘ or ‚Call Sheets‘ and the related Software with ‚Call Sheet‘ or ‚Call Sheets‘ our web site’s in direct or indirect connection with it.

The full registered trademarks of this software and all source codes of the ‚Call Sheet‘ or ‚Call Sheets‘ are valid legally world wide and is in process of being registered in the year 2013 with EYE CATCHER S.L.,C/Versalles 9,E-07015 Palma De Mallorca,Spain, Islas Baleares, at the public Registry Office United States Patent and Trademark Office (USPTO),P.O. Box 1450 , Alexandria, VA 22313-1450 and is registered at the Office for Harmonization in the Internal Market (OHIM) and the European Patent Office (EPO)

VI. The Tough Stuff: Disclaimer Of Any Warranties

Eye Catcher Application ‚Call Sheet‘ or ‚Call Sheets‘ And Its Related
Software Is Provided On An „as Is“ Basis And With No Warranty Whatsoever. To The Maximum Extent Permitted By International Laws, We Expressly Disclaim All Warranties And Conditions Of Whatsoever, Whether Expressed, Implied, Including, But Not Limited To, The Implied Warranties And Conditions Of Merchantability, Fitness For A Particular Purpose And Non-infringement. The Usage Of The Eye Catcher S.l. Application ‚Call Sheet‘ or ‚Call Sheets‘ And Its Software Is At Your Own Risk. Eye Catcher S.l. Is Not Obligated To Provide You With Any Maintenance Or Support Services Regarding In Connection With The Eye Catcher S.l. Application ‚Call Sheet‘ or ‚Call Sheets‘ or Its Software Per Se. Eye Catcher S.l. Makes No Warranty
(a) That The Application ‚Call Sheet‘ or ‚Call Sheets’Or/and Its Software Will Meet Your Business Or Any Other Requirements;
(b) That The Eye Catcher S.l. ‚Call Sheet‘ or ‚Call Sheets‘ software Claims To Be Error-free And Completely Faultless;
(c) Regarding The Security, Reliability, Timeliness, Or Performance Of Eye Catcher S.l. ‚Call Sheet‘ or ‚Call Sheets‘ Or Software; last not least:
(d) That Any Errors In The Eye Catcher S.l. ‚Call Sheet‘ or ‚Call Sheets‘ Will Be Righted And Corrected;
Only You Yourself Will Be Liable For Damage To Your Authorized Device (or Any Other Device) Or Any Loss Of Data That May Result From Downloading Any Such Material.

Eye Catcher S.l. Application And Its Software Is Not Intended For The Usage In Any Activities During Which A The Failure Of The Eye Catcher S.l. Application/software Could Lead To Ill Business Decision,death, Personal Injury, Or Severe Physical Or Environmental Damage. No Advice Or Information, Whether Oral Or Written, Obtained By You Or Eye Catcher S.l. Or Through Eye Catcher S.l. Application Or Its Software Shall Create Any Warranty Not Expressly Stated In These Terms And Conditions.

VII. Limitation Of Any Liability

You Do Understand And Agree That We Will Not Be Liable To You For Any Direct, Indirect, Incidental, Special, Consequential Or Exemplary Damages, Including But Not Limited To, Damages For Loss Of Profits, Goodwill, Use, Data Or Other Losses (even If Eye Catcher S.l. Has Been Advised Of The Possibility Of Such Damages) Resulting From:
(a) Use Or The Inability To Use The Eye Catcher S.l. Application And/or Its Software;
(b) The Inability To Use The Eye Catcher S.l. Application Or Its Software To Access Content ;
(c) The Cost Of Procurement Of Substitute Services;
(d) Unauthorized Access To Or Alteration Of Your Transmissions Or Data; Or
(e) Any Other Matter Relating To The Eye Catcher S.l. Application.
The Foregoing Limitations Shall Notwithstanding Apply. A Failure Of Essential Purpose Of Any Limited Remedy And To The Fullest Extent Permitted By International Law.

VIII. Exclusions And Limitations Of This Agreement

In This Agreement Nothing Is Intended To Exclude Or Limit Any Right, Warranty, Or Liability Which May Not Be Lawfully Excluded Or Limited.

IX. Nonetheless Other Provisions

These Terms & Conditions And The Legal Situation Between The Parties Will Be Governed In Accordance With The Laws Of Spain And International Laws, Without Relations To Its Conflict-of-laws Principles. The Parties In This Agreement, Their Successors And Assigns, Consent To The Jurisdiction Of The Courts Of Palma De Mallorca,islas Baleares In Spain With Respect To Any Legal Proceedings. All Parties Related To This Agreement Agree Hereby And Waive Any Objection To The Propriety Or Convenience Of Venue In Such Court Of Law. This Agreement Is The Complete And Exclusive Statement Of The Agreements Between The Parties Mentioned Above. It Supersedes All Other Communications Or Representations Or Any Other Oral Or Written Agreements. The Failure Of All Parties To Require Performance Of Any Provision Of This Agreement In No Manner Shall Affect Such Party’s Right At A Later Time To Enforce The Same Action. No Waiver By Either Party Of Any Breach Of This Agreement, Either By Conduct Or Otherwise, In Any One Or More Instances, Is Deemed To Be, Or Construed As, A Further Or Continuing Waiver Of Any Other Such Breach, Or A Waiver Of Any Other Breach Of This Agreement. If Any Provision Of This Agreement Is To Any Extent To Be Held Invalid, Illegal Or Unenforceable, The Validity, Legality And Enforceability Of The Remaining Provisions Of This Agreement Shall In No Way Be Affected Or Impaired Thereby, And Each Such Provision Of This Agreement Shall Be Valid And Enforceable To The Fullest Extent Permitted By Law.(Salvatory Clause) In Such Case, This Agreement Is To Be Reformed To The Minimum Extent Necessary To Correct Any Invalidity, Illegality Or Unenforceability, While Preserving To The Maximum Extent The Rights And Commercial Expectations Of The Parties In This Agreement, As Expressed In This Agreement.. You Agree That Regardless Of Any Statute Or Law To The Contrary, Any Claim Or Cause Of Action Arising Out Of Or Related To The Use Of The Eye Catcher S.l. Application Or Its Software (or This Agreement) Must Be Filed By You Within One (1) Year In The Courts Of Palma De Mallorca , Islas Baleares Of Spain After Such Claim Or Cause Of Action Arose Or Be Forever Barred. The Section Headings In This Agreement Are For Better Understanding And Structuring This Agreement Only And Have No Legal Or Contractual Effect.

X. Termination

You May Terminate Your Account At Any Time. Any Breach Or Assignment Of These Terms Of Service Can Lead To Termination, Suspension Of Your Access Without Limitation. If Done So With Criminal Intend We May Report The Abuse To The Relevant Places.

XI. Miscellaneous

These Terms Of Service Have Been Made In And Enforced In Accordance With Spanish And International Law. Any Legal Action To Enforce These Terms Of Conditions Has To Be Brought In The State Courts Located In Palma De Mallorca, Islas Baleares, Spain.

Correspondence Regarding Any Legal Questions Please Contact Our Legal Department:
legal.department@eyecatchersl.com

You Agree To Report Any Copyright Violations Of The Terms Of Conditions To Us As Soon As You Become Aware Of Them.

Thank You For Your Support.