Welcome to Obie!
What follows below is Obie’s Terms and Conditions of purchase (the “Terms and Conditions”), a
legal agreement between you, the customer (whether an individual or an entity) and EyeClick Inc., the
owner and operator of this website and the manufacturer of the Products (as defined below).
The Terms and Conditions apply to the purchase and delivery of the Products through our website or
our signed purchase order form (the “Website”). Please read these Terms and Conditions carefully
before placing an Order (as defined below). By confirming that you have read and accepted these
Terms and Conditions when you submit an Order through the Website, you confirm your unconditional
acceptance of these Terms and Conditions.
If you are entering into this contract on behalf of an organization, you hereby declare that you have the
authority or have been granted approval by the organization to do so and that the organization is aware
of your actions and will be legally bound by them.
In these Terms and Conditions “Company”, “we,” “us” or “our” means EyeClick Inc., a Delaware
corporation, whose registered office is at 84 Business Park Drive, Suite 107, Armonk, NY, 10504,
including its mother and/or affiliated companies, and “you” or “your” means you the customer and any
organization you are entering into this contract on behalf of, as applicable. These Terms and
Conditions (including any policy referenced and incorporated herein) along with your Order
Confirmation constitute the entire agreement between us and you for the supply of the Products (the
“Contract”). No other terms and conditions shall apply
By confirming your purchase by ways of clicking the “I Agree”, “Pay”, “buy” or similar terms button,
you accept the Terms and Conditions hereof, including the terms and conditions of our Website,
The Company reserves the right, in its sole discretion, to modify these Terms and Conditions including
any other policies incorporated thereto, at any time by posting the modified provisions at
consumer.joinOBIE.com, and you shall be responsible for reviewing and becoming familiar with any
such modifications. Please note that any such modifications shall become effective immediately upon
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT PROCEED
WITH THE ORDER OF THE PRODUCTS
In these Terms and Conditions:
1.1. “Products” shall mean the products that we sell on the Website from time to time, including
but not limited to Company-branded hardware and/or third-party hardware provided by
Company and/or Company-branded software, as specified herein according to the relevant
purchase order (the “Purchase Order”).
1.2. “Order Confirmation” shall mean the order confirmation email issued by us to you indicating
acceptance of your Order at the moment the Products are dispatched and the relevant details of
your purchased Products.
1.3. “Delivery Policy” shall mean the specific terms applying to the purchase and delivery of
Products through our Website, as further detailed in Section 5 below.
1.4. “Order” shall mean an order for Products placed according to these Terms and Conditions.
2. PRODUCT DESCRIPTIONS AND PRICING
We will make reasonable efforts to ensure that the information about the Products is accurate and
up-to-date. However we do not warrant or guarantee that there will be no errors in the description
and/or pricing of Products, or that the Products will always be available if you wish to place an Order
to purchase them. None of the material contained in the Website is to be relied upon as a statement or
representation in relation to the Products. All images, illustrations and descriptions of Products are for
information only and you are invited to contact us by sending an e-mail to Support@playobie.com if
you need any further information about Products. We reserve the right, at any time and without notice,
to modify the information about Products displayed on our Website, including without limitation
information on prices, description and availability of Products. However, changes to price, availability
or description of any Products will not affect Orders submitted by you which have already been
accepted by us and that an Order Confirmation was sent to you with respect to them.
3. PLACING AN ORDER
To place an Order, you will have to select the Products on the Website, select your preferred shipping
method, shipment destination, and complete the check-out procedure. Before completing the check-out
procedure, you will be requested either to register for (under the terms set forth below) or log into your
User Account (as defined below). You can, if you prefer, checkout without registering, but you will be
required to provide the necessary personal and payment data to process the Order. We will not accept
Orders placed in any way other than as detailed above.
If you have any problems during the placement of an Order or if you are not sure whether or not your
Order made through the Website and has been finalized, contact us by sending an e-mail to
When you place an Order, you make an offer to us to purchase the Products you have selected. Orders
are subject to availability and acceptance by us and we may, at any time and at our sole discretion,
refuse to accept your Order.
When you place an Order, please make sure that the supported standard mount of the Product is
compatible to your selected play area’s ceiling. It is your responsibility to make sure in advance that
the supported standard mount is compatible or upgrade the mount to a costumed mount, if required.
Upgrading the supported standard mount is done by choosing the required item on our Website, subject
to availability and acceptance by us. In case you will not have the compatible mount during installation
and you do not wish to cancel your Order, you may reschedule installation, subject to the applicable
The Products for sale on the Website are intended solely for the purpose of selling directly to end
consumers, and therefore purchase of Products for resale is strictly prohibited. If we believe you are
involved in purchase for resale, we reserve the right to take any action against you, including, without
limitation, to restrict sales to you, cancel your Orders, and/or suspend or close your account.
4. WHAT HAPPENS IF THE PRODUCTS ARE UNAVAILABLE
We will make reasonable efforts to ensure that the information about Products displayed on our
Website is always accurate. However, when you place an Order certain Products may unfortunately be
out of stock, especially if we were low in stock at the time you placed your Order. If we are unable to
send you the ordered Products within 30 days from the date of your Order we will contact you and ask
if you would like us to cancel your Order either partially or entirely and, in such a case, we will refund
you the cost of the Products in the cancelled Order, if such have been already charged by us. If we do
not receive a response to our email, we will send you an email reminder. If you do not contact us
within a further 3 days, we will cancel your entire Order and refund to you the cost of the Products that
was already paid. In case we will offer a pre-order offering we will describe its specific terms online
and you will be requested to approve them specifically in order to participate in this offer.
5. OUR PRICING POLICY
The prices of the Products are indicated on the Website and will be confirmed in the automated Order
Confirmation email you will receive once you have placed your order. Please note that while we may
display prices in other currencies for your convenience, all purchases are for the prices listed in USD.
Sales Tax or VAT will be added as a separate line item of your order, as applicable. The total listed
price is inclusive of Sales Tax or VAT. Banks and credit card providers may have variable exchange
rates for foreign currencies and may charge conversion fees for transactions in foreign currencies.
Similarly, credits for permitted returns of Products purchased from us, subject to our Returns Policy,
will be provided based on the original purchase price actually paid to us. As a result, fluctuating
exchange rates may affect the amount credited back to you for returns. You agree to be responsible for
any and all conversion charges, or other charges or losses resulting from currency exchange, incurred
in connection with a purchase or return. Delivery costs may apply to your Order as indicated on our
Website at the time you submit your Order. Delivery charges would normally apply to your Order
based on the value of your Order, the type of delivery and the shipment destination. Please view our
Delivery Policy page https://buyobie.com/delivery-policy/ for further information.
6. HOW CAN I PAY
We accept most payment cards as indicated in our payment page and subject to changes from time to
time. We may also accept payment via third parties such as Fundbox, Inc.’s service, B2B Payments for
Merchants. Payment must be made in the currency as indicated on your Order before you submit it.
If you pay by credit or debit card, you must supply your card details when you place your Order. Your
credit or debit card will be debited for the total value of your Order at the time your Order is placed by
you, or by monthly installments as defined in the payment page. We will not accept your Order, neither
will we supply the Products to you until your credit issuer has authorized the use of your card for
payment of the Products ordered. If we do not receive such authorization, we will notify you. We
reserve the right to verify the identity of the credit or debit card holder by requesting appropriate
We take all reasonable care to make the Website secure and to prevent frauds. All credit and debit card
transactions on this Website are processed by leading payment providers such as TSYS Inc., and a
secure online gateway such as Authorize.Net LLC, which will be responsible for holding and
automated handling, in a secure environment, of the information relating to your payment details.
Please note that we may, at any time and at our sole discretion, restrict the use of certain payment
methods or the shipping to certain countries or locations we believe to be a high fraud risk.
Your Products will be supplied after your payment is confirmed and received in full by us. You agree
to pay in full the prices for any purchases you make on, by or through the Website in accordance with
Company’s Delivery Policy: https://buyobie.com/delivery-policy/ and the pricing terms as set forth in
section 6. If any credit or debit card payment is not received from your credit or debit card issuer, or its
agents, you agree to pay all amounts due upon demand by Company.
7. WHEN ARE PRODUCTS DELIVERED
Products ordered through this Website will only be delivered to the states and countries listed at our
Website. Delivery location and charges will apply to your Order according to our Delivery Policy and
shipping information, methods and rates as displayed when you place your Order. We will provide
suitable packing for the Products ordered pursuant to your Order, for normal shipping. Any special
packaging requested by you, if applicable, will be at your expense. To see our delivery terms and
conditions please see our Delivery Policy page https://buyobie.com/delivery-policy/. Please note that
we will not deliver any Products unless or until full payment has been received. Any risk of loss or
damage shall pass to you upon delivery. After said delivery you shall be responsible for any loss,
damage, theft, defects and/or destruction caused to the Products, due to any cause whatsoever.
The Product ordered through this Website requires professional installation. We hereby waive and you
accept our waiver for any liability related to breakage and/or physical damage, except upon arrival of
Our qualified installer list will be sent to you after your purchase of the Product.
Further pre-installation requisites can be found in our installation manual
9. REFUNDS, EXCHANGES & RETURNS
We hope you are delighted with your purchase from Company. However, we understand if you wish
from any reason to return any or all of the Products by using the process found on our Refunds,
Exchanges & Returns Policy page: https://buyobie.com/refunds-exchanges-returns-policy/.
10. CANCELING/MODIFYING AN ORDER
If you need to cancel or modify your Order for any reason, please contact us immediately by email:
Support@playobie.com. Please include your customer order, name and e-mail address used for the
Order and what the reason for cancel or the modification is. If an Order has already been shipped, we
may not be able to modify or cancel your Order.
Please note that by placing an Order and purchasing the Company’s Product you also agree to
subscribe to our recurring services that include any or part of periodic launch of new releases and
versions of games, updates, expansion or extension packages, bug fixes and any error corrections,
workarounds or patches, improvement of existing features and other changes that may include
substantial new features, functions, enhancements or capabilities, all as further elaborated on our site
Subscription fees per month as described at our site will be invoiced monthly in arrears and
concurrently charged to your credit card. Fees are due on the invoice date. You are responsible for
providing complete, accurate and valid credit card, billing, payment and contact information to
Company and notifying Company of any changes to such information. You acknowledge and agree
that any credit card and related billing, payment and contact information that you provide to Company
may be shared by Company with companies who work on Company’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to
Company and servicing your account.
If any amounts invoiced hereunder are not received by the due date (i.e., the charge to your credit card
is denied for any reason), then (a) such charges may accrue late interest at the rate of 1.5% of the
outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the
date such payment was due until the date paid, and (b) Company may, without limiting its other rights
and remedies, suspend the Subscription until such amounts are paid in full and a valid credit card is
provided to Company. Any outstanding balance becomes immediately due and payable upon
suspension or termination of the Subscription for any reason.
The Subscription may be terminated at any time and for any reason. If you wish to do so, please
contact us by email: Support@playobie.com and include your full name, user account and any other
required details. Upon termination of the Subscription and cancelation of the Subscription fees, you
will only be billed proportionally, that is for the actual duration of Subscription period before
12. PROHIBITED USE
By accepting these Terms and Conditions you confirm that the Product will be for internal use only
within your organization and in locations or facilities you are authorized to use in accordance with the
Order Confirmation. Any type of commercial use (e.g. intended for resell or distribution; or alike) is
strictly prohibited and will be considered a material breach of this Terms and Conditions. UPON
SUCH PROHIBITED USE, WITHOUT PREJUDICE OF ANY FURTHER LEGAL ACTION WE
MAY TAKE, WE WILL IMMEDIATELY REVOKE YOUR LICENSE, REMOVE ANY TYPE OF
PRODUCT WARRANTY, SUPPORT OR MAINTENANCE YOU MAY HAVE, TERMINATE ANY
AND ALL LIABILITIES WE MAY HAVE UNDER THIS TERMS AND CONDITIONS AND
YOUR ENGAGEMENT WITH US AND WILL RESERVE THE RIGHT OF ANY FURTHER
LEGAL ACTION WE MAY FIND APPROPRIATE.
13. PHOTOSENSITIVE WARNING
A very small percentage of people may experience a seizure when exposed to certain visual images,
including flashing lights or patterns that may appear in video games. Even people with no history of
seizures may have an undiagnosed condition that can cause these seizures. These seizures may have a
variety of symptoms, including lightheadedness, altered vision, eye or face twitching, jerking or
shaking of arms or legs, disorientation, confusion or momentary loss of awareness. If you notice any of
the following symptoms in an individual using the Product — IMMEDIATELY stop him/her from using
the Product and recommend him/her to consult his/her physician. If you are purchasing the Products
intended for the use by others, you hereby represent and warrant that you will duly inform them and/or
their parents or any legal guardians, as applicable, of the above terms and conditions.
14. SAFETY WARNING
Due to the nature of the Product, you will be moving your hands, feet and body while using the
Product. To avoid possible discomfort or injury and damage due to striking, contacting or becoming
entangled in any object while using the Product you must avoid stairs and low ceilings and properly
clear your play area of people, pets, fragile or valuable items that could be damaged and all other
objects that you could potentially strike, contact or otherwise become entangled with. In addition, you
should take periodic breaks from use of the Product, especially if you feel any pain, discomfort or
fatigue resulting from the usage of the Product.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU ARE USING THE PRODUCTS
VOLUNTARILY AND ENTIRELY AT YOUR OWN RISK, AND THAT YOU ARE AWARE OF
THE RISKS ASSOCIATED WITH USING THE PRODUCTS, WHICH MAY INCLUDE, BUT ARE
NOT LIMITED TO PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS,
DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS),
ECONOMIC OR EMOTIONAL LOSS, AND DEATH, AND YOU ASSUME ALL RELATED
RISKS FROM USING THE PRODUCTS. IF YOU ARE PURCHASING THE PRODUCTS
INTENDED FOR THE USE BY OTHERS, YOU HEREBY REPRESENT AND WARRANT THAT
YOU WILL DULY INFORM THEM AND/OR THEIR PARENTS OR ANY LEGAL GUARDIANS,
AS APPLICABLE, OF THE ABOVE TERMS AND CONDITIONS, INCLUDING THE RISKS
THAT MAY BE ASSOCIATED WITH THE USE OF THE PRODUCT.
15. USE OF THE PRODUCTS BY CHILDREN
Children under the age of 6 require the supervision of an adult while using the Product.
16. WARRANTY AND DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE WEBSITE IS AT
YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY AND EFFORT IS SOLELY WITH YOU. THE PRODUCTS ARE
SUPPLIED “AS IS”, AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY DOES NOT
WARRANT THAT THE USE OF THE PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE
OR WILL MEET YOUR SPECIFIC REQUIREMENTS. THE COMPANY MAKES NO
WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE
PRODUCTS AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR
COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE.
17. LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS,
EMPLOYEES, OR ITS SUPPLIERS BE LIABLE WITH RESPECT TO THE SUBJECT MATTER
HEREIN, UNDER ANY LEGAL, CONTRACTUAL OR EQUITABLE THEORY (WHETHER IN
CONTRACT, TORT, INDEMNITY OR OTHERWISE) FOR (A) ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND
WHETHER OR NOT ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES; (B)
DAMAGES FOR LOST PROFITS OR LOST DATA, INCLUDING WITHOUT LIMITATION, LOSS
OF GOODWILL, SAVINGS OR OTHER BUSINESS INFORMATION; OR (C) COST OF
PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES;
IN NO CASE SHALL THE AGGREGATE LIABILITY OF COMPANY AND ITS
SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE TERMS AND
CONDITIONS OR ARISING OUT OF OR OTHERWISE RELATED TO THE PRODUCT OR TO
YOUR USE OF THE PRODUCT EXCEED THE ORDER PRICE THAT YOU ACTUALLY PAID
WITHOUT DEROGATING FROM THE FOREGOING, COMPANY ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
PRODUCT AND/OR OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PRODUCT AND/OR SERVICE
THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE PRODUCT.
Upon our first demand, you will indemnify and hold Company, its shareholders, directors, officers and
employees, harmless from any claim, liability, cost, loss, damage and expense (including reasonable
legal fees) caused due to your access and use of the Products in violation of these Terms and
Conditions or in violation or infringement of any rights (including, without limitation, privacy rights,
copyright, or other intellectual property rights) of any third party.
19. HOW YOUR PERSONAL DATA IS PROCESSED
Your privacy is important to us. Any use of OBIE and other related services and products will be
as may be amended from time to time.
We note that we use certain information that we collect from you to operate and provide the Products.
By placing your Order, you expressly agree and understand that we may store, process and use data
collected when you purchased the Products for the purposes of processing your Order. We will process
and warrant that you will obtain any user’s consent to such terms, including to the Company’s
methods for the collection, storage, use, and disclosure of personal information.
20. INTELLECTUAL PROPERTY RIGHTS
It is expressly understood and agreed that Company shall retain all proprietary rights of any kind
whatsoever to any invention, software, improvement or design contained in the Products and/or
developed by Company during the course of the parties’ relationship, including but not limited to. All
patent rights provided however that you shall have the limited right to use the Products purchased by
you from us, according to the End User License Agreement (“EULA”) http://buyobie.com/eula/.
In addition, all photos, texts, scripts, images, designs, graphics, logos, audios, videos, songs,
interactive features, interfaces, software, code, trademarks, artwork, visual interfaces, service marks,
trade dress, trade names and other content (“Content“) used, displayed, included, incorporated,
uploaded, posted or published by Company, as part of the Product, are the sole property of Company
(“Company’s Content“), subject to copyright and other intellectual property rights under applicable
laws, and you may not use, download, distribute and/or copy them, in whole or in part, without the
prior written permission of Company. For the sake of clarity, you may not copy, reproduce, modify,
publicly display, publicly perform, publish, distribute sell, license, rent, transfer, reproduce, create
derivative works based on, or exploit in any way, Company’s Content or any part thereof.
21. SOFTWARE LICENSES AND USE RIGHTS
Notwithstanding the above, the underlying software on the Products made available through the
Website is licensed, not sold, to you. Products purchased from the Website are subject to the EULA],
unless different license terms are provided with the Product. You understand and acknowledge that
your rights with respect to these Products are limited by these Terms and Conditions, copyright law
and the usage limitations referenced above. Any reproduction or redistribution of software or
merchandise not in accordance with the relevant license terms, usage rules, and applicable law is
expressly prohibited and may result in severe civil and criminal penalties. Violators risk prosecution to
the maximum extent of the law.
PLEASE CONTACT US BY SENDING AN E-MAIL TO SUPPORT@PLAYOBIE.COM. IF YOU
WOULD LIKE A COPY OF THE APPLICABLE LICENSE AGREEMENT OR WARRANTY FOR
BOXED PRODUCTS, AT NO COST, BEFORE YOU OPEN ANY PRODUCT PACKAGING.
22. CIRCUMSTANCES BEYOND OUR CONTROL
We will make every effort to perform our obligations under these Terms and Conditions. However, we
cannot be held responsible for delays or failure to perform if such delay or failure is caused by any
circumstances beyond our reasonable control, including, without limitation, an act of God, explosion,
flood, fire or accident, war or civil disturbance, strike, industrial action or stoppages of work, any form
of government intervention, a third party act or omission, failure of our supplier(s), failure by you to
give us a correct delivery address or notify us of any change of address, or a failure by you to affect
We will inform you of any such unforeseen event as soon as possible after its occurrence and we will
perform our obligations as soon as reasonably possible. Should this interruption continue beyond a
period of 30 days you will be entitled to cancel your Order and we will refund the price you have paid,
including any delivery charges.
23.1. Company makes no promise or representation that the Products shall conform to any federal,
state, or local laws, regulations, ordinances, codes or standards. The Products Pricing does not
include the cost of any inspections or permits. It is your responsibility to apply for and to obtain
any and all licenses, permits and other authorizations required for the use of the Products.
23.2. The Order Confirmation, these Terms and Conditions and its performance shall be governed
exclusively by and construed under the laws of the State of New-York, USA, and the competent
courts of New-York, USA shall have sole and exclusive jurisdiction over any dispute under
23.3. Company may assign at any time any of its rights and/or obligations hereunder to any third party
without your consent.
23.4. In the event that a court of competent jurisdiction finds any provision of these Terms and
Conditions to be illegal, invalid or unenforceable, the remaining provisions will remain in full
force and effect.
23.5. The failure of Company to enforce any right or provision in these Terms and Conditions will not
constitute a waiver of such right or provision unless acknowledged and agreed by Company in
23.6. These Terms and Conditions (including any policy referenced and incorporated herein) along
with your Order Confirmation constitute the entire agreement between you and Company for the
supply of Products, and supersede all prior or contemporaneous understandings regarding such
subject matter. In the event of a discrepancy and/or contradiction between what is stated in these
Terms and Conditions and what is mentioned in any publication and/or other information
published and/or given by Company and/or anyone on its behalf with regard to the Product or
Company’s services, the provisions of these Terms and Conditions shall prevail.
23.7. Company reserves the right to update these Terms and Conditions from time to time, with or
without notice. If so, Company will post its updated Terms and Conditions on the Website.
24. CONTACT US
If you need any further information or have any questions about these Terms and Conditions, please
contact our Customer Service department by sending an e-mail to Support@playobie.com.